How to appeal a VA disability decision?
By Hogan Smith
Updated 05/06/2025
If you’ve received a VA disability decision that you believe is incorrect—whether it’s a denial, a low rating, or an incorrect effective date—you have the right to appeal. The VA appeals process can be complex, but understanding your options and taking the right steps can improve your chances of success.
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Types of VA Disability Appeals
Since 2019, the VA uses the Appeals Modernization Act (AMA) system, giving veterans three options for challenging a decision:
Higher-Level Review
- A senior VA reviewer re-examines your claim without considering any new evidence.
- Best if you believe there was a clear error in how the VA applied the law or reviewed the evidence.
- No new documents or arguments allowed.
Supplemental Claim
- You submit new and relevant evidence to support your case.
- The VA will review your claim again with the new evidence provided.
- This option is useful if you have new medical records or updated documentation.
Board Appeal
- Your case goes before a Veterans Law Judge (VLJ) at the Board of Veterans’ Appeals.
- You can choose:
- A direct review (no new evidence),
- Submit new evidence, or
- Request a hearing with a judge.
- This is typically the longest option but may be necessary for complex cases.
Deadlines for VA Appeals
You have one year from the date on your VA decision letter to file any type of appeal. Missing this deadline could mean starting the claim process over.
What to Include in Your Appeal
Whether you choose a Higher-Level Review, Supplemental Claim, or Board Appeal, you should:
- Review your VA decision letter thoroughly.
- Understand the reason for denial or low rating.
- Provide clear, relevant evidence supporting your case.
- Submit VA forms correctly, such as:
- VA Form 20-0996 (Higher-Level Review),
- VA Form 20-0995 (Supplemental Claim),
- VA Form 10182 (Board Appeal).
How Long Do VA Appeals Take?
Processing times vary:
- Higher-Level Review: ~4–5 months.
- Supplemental Claim: ~4–6 months.
- Board Appeal: 12 months or more, depending on the review option you choose.
Can You Appeal More Than Once?
Yes. If your first appeal doesn’t succeed, you can often file another appeal under a different lane (e.g., moving from a Higher-Level Review to a Supplemental Claim).
How Hogan Smith Can Help
At Hogan Smith, we specialize in helping veterans fight unfair VA decisions. Our team understands the appeals process and can guide you through every step, including:
- Reviewing your denial and identifying the strongest appeal option.
- Gathering new medical evidence or expert opinions to support your claim.
- Preparing a persuasive argument to increase your chances of success.
- Representing you before the Board of Veterans’ Appeals, if needed.
Contact Hogan Smith Today
Don’t let a VA decision stand between you and the benefits you’ve earned. Contact Hogan Smith for a free consultation to discuss your case. We’ll help you choose the best appeal path and fight for the compensation you deserve.
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