Appeals
When you receive a final decision on your claim and you’re not satisfied with the result, you have the option to appeal the decision.
Remember that you have one year front the time of your decision to file an appeal except when filing a CAR which is 30 days.
It is highly recommended that you utilize accredited professional representation such as accredited attorneys, claims agent or Veteran Service Organization (VSO) when seeking an appeal.
There are four ways to appeal the decision on a disability claim if you’re not satisfied with the decision. They include the following:
Supplemental Claim
You can file a Supplemental Claim if you have new and relevant evidence that we didn’t have when we reviewed your case before. Use Supplemental Claim (VA Form 20-0995). It takes an average of 141 days to be processed. You have 1 year from the date on your decision letter to request a Higher-Level Review.
SEE A SUPPLEMENTAL CLAIM EXAMPLE
Higher-Level Reviews
You can request a Higher-Level Review of an initial claim or Supplemental Claim decision. You have 1 year from the date on your decision letter to request a Higher-Level Review. You can’t submit new evidence with a Higher-Level Review. The review is based on your disagreement with the previous decision based on the evidence already submitted. You can’t request a Higher-Level Review after a previous Higher-Level Review or Board Appeal on the same claim. And you can’t request a Higher-Level Review if you have a contested claim. It takes an average of 125 days (4-5 months) for a higher level review completion. Appeal online or use VA Form 20-0996.
SEE A HIGHER-LEVEL REVIEW EXAMPLE
CAR Review
Claim Accuracy Request (CAR) is an expeditious review and determination of a claim for disability benefits in accordance with the Appeals Modernization Act. In order to utilize the CAR process you must utilize professional representation such as accredited attorneys, claims agent or Veteran Service Organization (VSO). VBA will review decisions in which the representative alleges an obvious error in fact or law, and requests review within 30-calendar days of VA’s notification letter. If the claim is submitted outside of the 30-calendar day time limit, it will be processed under normal HLR procedures.
Board Appeals
You can appeal to the Board of Veterans’ Appeals (BVA) and have a Veterans Law Judge review your case. You have 1 year from the date on your decision letter to request a Higher-Level Review. You can submit a BVA appeal only after submitting an initial claim; A Supplemental Claim and A Higher-Level Review. You can’t request 2 Board Appeals in a row for the same claim. It can take up to 2 years to get a decision from the BVA. Apply online or use VA Form 10182.
You can request a BVA appeal only after you’ve had an Initial Claim, Supplemental Claim and Higher-Level Review.
There are three options for BVA appeals. You must choose one.:
Direct Review—A judge will review your appeal. No hearing and no new evidence submitted; or
Evidence Submission—You have additional evidence to submit and must do so within 90 days of filing your appeal. A judge reviews with no hearing; or
Hearing with a Veterans Law Judge—You will have a hearing and can submit new or additional evidence in support of your appeal.
REQUEST A BVA APPEAL ONLINE
REQUEST A BVA APPEAL VIA FORM 10182
SEE A BVA EXAMPLE CLAIM