After years of military service, you’ve earned the right to benefits for any disability related to service injuries. But when the Department of Veterans Affairs (VA) denies your disability claim, it can feel like hitting a wall. Missing records, vague medical opinions, or decisions that don’t reflect your full condition can block your path forward. It’s frustrating and disheartening, but the decision doesn’t have to be the final say.
You can challenge a VA denial through the appeals process. There’s more than one way to pursue a formal review, and each path offers an opportunity for you to be heard. This guide explains how to respond when your VA claim is denied, the different review options, and what to expect after you file your appeal. The more informed you are, the better your chances are of receiving the veterans benefits you’ve earned through your service.
How to Fight a Denied VA Claim
If your VA disability claim is denied, start by reviewing the decision letter you received. The VA will usually include a written explanation, which may point out a perceived lack of service connection or state that the evidence didn’t meet their standards. Sometimes, the problem is a missing document or a gap in medical proof.
Since 2019, veterans have had three choices under the Appeals Modernization Act: Higher-Level Review, Supplemental Claim, or Board Appeal, with each option having its own rules and time frames. The right appeals process for you depends on what went wrong with your initial claim (e.g., lack of evidence) and how much new information you can provide.
Higher-Level Review
If you request a Higher-Level review, a senior reviewer will go over your VA benefits claim once more. You won’t be allowed to add new or additional evidence, but you can request a call to explain why the VA made a mistake with your application. If the denial was due to a misunderstanding or an incorrect interpretation of your records, this is usually the best way to resolve it.
Some veterans choose this review (with or without the optional informal conference) to correct an obvious error without applying for benefits all over again and losing potential retroactive pay. It’s faster than a Board appeal and can lead to a favorable claims decision if the higher-level reviewer agrees that something was originally missed. However, you must file within one year of the original decision to keep your claim active. If not satisfied with the outcome of the Higher-Level Review, you can appeal once again with another appeals option but cannot request another Higher-Level Review in response to that Higher-Level Review decision.
Supplemental Claim
If you have new documents or statements that support your claim, you can go the Supplemental Claim route. This option lets you provide additional evidence that wasn’t considered before, such as medical records, updated diagnoses, or letters from doctors and family members (i.e., lay statements or buddy statements).
You can submit a Supplemental Claim if the VA has previously made a decision on your case, whether or not that decision was within the last year. You must also meet at least one of these conditions:
- You have new and relevant evidence to submit or;
- You’re asking for a review based on a recent change in law, such as the PACT Act.
New evidence means the VA hasn’t reviewed it before, while relevant evidence is anything that proves or disproves a part of your claim. If your request is based on new information, you’ll need to either provide that evidence yourself or identify records the VA can gather for you. You can file this any time, but to preserve your initial effective date, submit within a year of the claim denial.
Board Appeal
You can also send your claim to the Board of Veterans’ Appeals. A Veterans Law Judge will review your file and make a new decision. While this option takes more time, it can be worth it when your case needs a fresh review from someone formally trained in veterans law.
You can request a Board Appeal after an initial claim, a Supplemental Claim, or a Higher-Level Review decision. However, you can’t request two Board Appeals in a row for the same claim, and in most situations your request must be submitted within one year of the decision letter.
All Board Appeals are reviewed by a Veterans Law Judge, but each type of appeal has different rules for submitting evidence or requesting a hearing. You’ll need to select one of three options when you submit your appeal form:
- Direct Review: If you choose Direct Review, the Veterans Law Judge will review the appeal based only on the evidence already in your file. You can’t submit anything new, and you won’t have a hearing. This option is usually faster, and the goal is to receive a decision within one year. While that is VA’s stated goal, they are not bound to issue a decision within that timeframe.
- Evidence Submission: With the Evidence Submission option, you can add new documentation to your file, but you must send the new evidence either with your appeal form or within 90 days of the date the VA receives your request. The judge will review both your existing and new records. The Board’s goal is to provide a decision within 550 days, but again, that is not binding and it usually is longer.
- Hearing Request: If you’d like to speak directly with a Veterans Law Judge, you can request a hearing. You may submit new evidence within 90 days following the hearing. The hearing will also be transcribed and added to your appeal file. There are three ways to attend a hearing: virtually through your computer or mobile device, by videoconference at a nearby VA location, or in person in Washington, D.C. (you’ll be responsible for any travel costs). The Board aims to issue a decision within 730 days; however, this is the longest option of the three and usually takes significantly longer than that.
What Are the Chances of Winning a VA Appeal?
It’s common to feel discouraged after a denial, but don’t let it stop you. A large number of claims that are appealed end up being granted in full or in part. Many are successful because of new medical records or because someone caught a legal error.
Higher-Level Reviews result in a better outcome about one-third of the time. Board Appeals can lead to even better results, especially when the original claim had gaps or when veterans work with attorneys. A better-prepared file can raise your odds, especially when it includes well-written medical opinions or detailed lay statements.
If you’re thinking about appealing, take time to organize your file. Make sure the dates match, the condition is clearly described, and there’s medical or personal evidence that links it to your military service. These details can move your claim from a rejection to an approval.
What Happens If You Win Your Appeal?
If your formal appeal is successful, the VA will update your disability rating or approve benefits that were previously denied. This means you’ll receive a new decision letter and possibly back pay. The amount will depend on the effective date and how far back your claim reaches.
You’ll also begin receiving monthly compensation at the new overall disability rate if the win resulted in a higher overall rating percentage. For newly granted service connection, you will also be eligible for VA healthcare treatment for that disability if you were not already under other eligibility criteria.
Make sure to keep track of all paperwork you receive after a win. You may need to refer back to it in the future. Also, you may want to consult with a veterans disability attorney even in if you win. Sometimes, VA grants a benefit you were seeking, but you were actually entitled to a higher rating or an earlier effective date. In either of those circumstances, your win was not the maximum benefit you should have been awarded (despite what VA’s letter may say). This is where a seasoned veterans disability attorney may be helpful in uncovering additional compensation you should be receiving that VA might not tell you about.
What If You Lose Your Appeal?
A denial on appeal doesn’t mean the claim process is closed forever. You can submit new evidence and file again through the Supplemental Claim path. If the last appeal was a new claim or Supplemental Claim, you have the option of filing a Higher-Level Review; that option is not available if the last appeal was a Higher-Level Review or Board appeal. If you last used the Board route, you can also ask for reconsideration or appeal to a higher court.
Each time you go through the appeals process, try to identify what went wrong. Was the medical evidence weak? Did you miss a form? Was the medical opinion too brief or vague? Knowing what to improve helps avoid another rejection.
How Many Times Can You Appeal a VA Claim?
There’s no set limit on how many formal appeals you can file. As long as you provide something new or show a clear error, you have the right to keep going. That said, repeated filings without changes won’t get better results.
If your claim is denied again, look at other options. You might want to switch appeal paths or speak with a VA benefits lawyer who’s handled these kinds of claims before. Persistence is key: many veterans are awarded benefits after the second or third attempt.
What Documentation Do You Need to Appeal a VA Denial?
VA appeals rely on strong, clear service and medical records. Examples of solid evidence include:
- Detailed medical notes
- Updated diagnoses,
- Statements that explain how your condition connects to your military service
Don’t overlook lay statements, which are letters from people who know your situation, like family members, coworkers, or fellow service members. They can describe what they’ve seen and how your condition affects your ability to work or live comfortably. You should also include military service records that show where you were stationed and when the issue may have started. The more complete your file is, the easier it is for a reviewer to say yes.
Why Work with a VA Disability Lawyer?
While you have the right to appeal a VA denial, it doesn’t mean the legal process is easy to understand. As a general rule, veterans who work with experienced attorneys have better results because their claims are presented more thoroughly and include the type of evidence that’s most likely to change the original denial.
A VA benefits attorney can help you choose the best appeal option, meet important deadlines, and collect the evidence needed to get the best results for you. Your legal representative can also speak for you at a hearing and write arguments based on the law. If your case goes beyond the Board to a higher court, legal support becomes even more important – mistakes or missed appeal deadlines can cause months of delay or even make you start over.
At Perkins Studdard, for years we’ve helped veterans challenge unfair denials and receive the benefits they were promised. We review each file carefully and help you build the strongest case possible.
Don’t Let a VA Denial Be the Final Word
It’s hard to deal with a disability benefits denial when you’ve already been through so much. But a denial isn’t the end. You have options for challenging the finding, which include the right to ask for a full review.
At Perkins Studdard, we believe you deserve the benefits you’ve worked so hard to qualify for. That’s why we’re here to answer questions, collect missing service or medical treatment records and other documentation, and make your appeal as strong as it can be. Your case is important, and we’re ready to help. Call us today or send us a message online to schedule a free consultation with a disability appeals lawyer. Let’s talk about your options and take the next step together.
