Disagree with a VA decision? Your three options

The one-year rule

File your next step within one year of the date on your decision letter. As long as you keep doing that, you keep your original effective date, which can mean more back pay. You can only have one review going at a time on the same issue.

1. Supplemental Claim (VA Form 20-0995)

Use this when you have new and relevant evidence, such as new medical records or a doctor’s opinion. You can file one at any time, but file within a year to protect your date. Use VA Form 21-4142 to let the VA get private records for you. The VA’s goal is to finish in an average of 125 days.

Supplemental Claim

2. Higher-Level Review (VA Form 20-0996)

A more senior reviewer takes a fresh look at the same evidence. You can’t add new evidence, but you can ask for one informal phone conference to point out errors. It must be requested within one year of the decision, and you can’t use it after an earlier Higher-Level Review or Board Appeal on the same issue. The goal is also an average of 125 days.

Higher-Level Review

3. Board Appeal (VA Form 10182)

A Veterans Law Judge reviews your case. File within one year of the decision (60 days for contested claims). You choose one of three types:

• Direct Review: no new evidence or hearing. Goal: 365 days.
• Evidence Submission: add new evidence. Goal: 550 days.
• Hearing: speak with a judge and add evidence. Goal: 730 days.

Board Appeal

Changing your mind

Within one year of the decision you can withdraw a review and pick a different option without losing your date. If you chose a Board Appeal type and want a different one, you can change it within one year of the decision or 60 days after the Board receives your appeal, whichever is later, as long as you haven’t already sent evidence or testimony.

Not sure which to pick? A free accredited representative can help you decide.

Choosing a decision review option · Find free accredited help