(Photo: Staff Sgt. Joshua Magbanua)

For Veterans dissatisfied with a VA decision claim dated on or after February 19, 2019, three decision review options are available: Supplemental Claim, Higher-Level Review, or Board Appeal.

Supplemental Claims

If a Veteran disagrees with the decision on their claim and possesses new evidence, filing a Supplemental Claim may be a suitable option.

To be eligible, a claim must have been decided in the past, and it must not be contested. A Veteran must also meet at least one of the following criteria: they have new and relevant evidence to submit, or they’re seeking a review based on a change in law, such as the PACT Act. If a Supplemental Claim involves new and relevant evidence, Veterans can also opt for a Board Appeal, although this process typically takes longer. For conditions that have worsened, a claim for increased disability compensation is required. 

Higher-Level Reviews

For Veterans in disagreement with a VA decision, a Higher-Level Review provides an opportunity for a new review by a higher-level reviewer. No new evidence can be submitted in this process, and the goal for completion is 125 days.

Veterans can request a Higher-Level Review within one year of receiving the decision letter, but not after a previous Higher-Level Review or Board Appeal on the same claim, and not for contested claims. If the decision remains unsatisfactory, options include requesting a Board Appeal or filing another Supplemental Claim.

Board Appeals

Opting for a Board Appeal means appealing to a Veterans Law Judge at the Board of Veterans’ Appeals in Washington, D.C. The judge, an expert in Veterans law, will review the case.

Three options are available for Board Appeals: Direct Review, where a judge reviews the appeal based on existing evidence, with an average processing time of 365 days; Evidence Submission, which allows the submission of new evidence within 90 days of the request and an average processing time of 550 days; and Hearing, offering a conference with a Veterans Law Judge, either virtually, via videoconference, or in-person in Washington, D.C., and an average processing time of 730 days.

Requesting a Board Appeal can be done online, by mail using VA Form 10182, or in person.

Post-Decision Review

After a Supplemental Claim, Veterans may request another Supplemental Claim, a Higher-Level Review, or a Board Appeal. Following a Higher-Level Review, options include a Supplemental Claim or a Board Appeal. After a Board Appeal, Veterans may request a Supplemental Claim or appeal to the U.S. Court of Appeals for Veterans Claims. While awaiting a decision review outcome, Veterans are advised not to request additional reviews unless prompted by VA correspondence.

If VA schedules exams or requires more information, it is important not to miss these appointments. For those who have submitted a request for a decision review, VA may randomly select individuals to participate in an optional survey to gather feedback for process improvement.

Checking the status of a VA claim, decision review, or appeal can be done online through VA.gov.

Author: Rikki Almanza

Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted connection to the military, a spouse who is a Navy veteran, a father who served in the Air Force for 25 years, and a grandfather who proudly served, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.