Understanding the Three Types of Appeals for VA Disability Benefits

Navigating the VA disability system can feel overwhelming, especially when your initial claim doesn’t result in the rating or decision you expected. The good news is that veterans have multiple avenues to appeal a decision from the Department of Veterans Affairs. Since the implementation of the Appeals Modernization Act (AMA) in 2019, the VA now offers three distinct appeal lanes, each designed to give veterans more control, faster decisions, and clearer options for challenging an unfavorable outcome.

If you’ve received a denial, an underrated decision, or simply believe the VA didn’t fairly review your evidence, understanding these three appeal pathways is essential. Below is a breakdown of each option, who they’re best suited for, and what to expect from the process.

1. Higher-Level Review (HLR)

A Higher-Level Review is the fastest and most streamlined option of the three. It allows veterans to request that a more experienced VA adjudicator—referred to as a senior reviewer—take a new look at their claim.

What Makes the HLR Lane Unique?

• It involves a de novo review, which means the senior reviewer evaluates the claim from scratch, without considering the previous decision.

• No new evidence can be submitted.

• Veterans can request an optional informal phone conference with the reviewer to point out errors.

Best For Veterans Who:

• Believe the VA made a clear error, overlooked evidence already in the file, or applied the law incorrectly.

• Recently submitted strong evidence and think the VA misinterpreted or ignored it.

• Want a faster resolution, with average decisions typically arriving within 4–5 months.

Pros:

• Quickest appeal option

• Fresh review by a more experienced decision-maker

• Opportunity to explain mistakes directly via phone conference

Cons:

• You cannot add new evidence

• If your claim is missing crucial documentation, this may not be the right lane

2. Supplemental Claim

The Supplemental Claim lane allows veterans to submit new and relevant evidence to strengthen their case. Under the AMA system, “new and relevant” means evidence that wasn’t previously submitted and has a reasonable possibility of helping to prove the claim.

What Makes the Supplemental Lane Unique?

• You provide additional evidence, which is key if your initial claim was denied due to lack of medical records, missing service connection documentation, or insufficient nexus statements.

• The VA has a duty to assist during this lane, which means they can help gather records or schedule exams.

• Decisions typically take 4–6 months.

Best For Veterans Who:

• Have received new medical diagnoses, DBQs, nexus letters, or treatment records

• Previously didn’t have enough proof to establish service connection or severity

• Need to challenge a denial linked to missing or incomplete evidence

Pros:

• Ability to submit new supporting documents

• VA assistance in development

• Effective for claims needing stronger medical evidence

Cons:

• Takes slightly longer than an HLR

• Requires veterans to gather and submit additional documentation

3. Board Appeal (Appeal to the BVA)

The Board of Veterans’ Appeals (BVA) is the highest level of administrative appeal within the VA. Here, your case is reviewed by a Veterans Law Judge (VLJ). This is the most comprehensive—and often the slowest—appeal option.

Veterans have three Board review choices:

a. Direct Review

• No new evidence allowed

• No hearing

• Judge reviews the record as-is

• Typically takes 12–18 months

b. Evidence Submission

• Allows new evidence, but only within 90 days of the appeal

• No hearing

• Ideal if you have additional documents but don’t need oral testimony

c. Hearing Lane

• Includes a formal hearing with a judge

• Veterans can submit evidence up to 90 days after the hearing

• Slowest option, often taking 2–3 years

Best For Veterans Who:

• Want a legal expert to review their case

• Have complex claims involving rare conditions or nuanced service connection issues

• Need testimony to explain their situation

• Have exhausted other appeal lanes or want maximum oversight

Pros:

• Judge-level review

• Multiple sub-options depending on your needs

• Ability to correct serious errors or pursue nuanced arguments

Cons:

• Longest wait times

• More formal process

• May require legal representation for best results

Final Thoughts

The VA disability appeals system is designed to give veterans flexibility and multiple chances to secure the rating they deserve. Understanding the three appeal types—Higher-Level Review, Supplemental Claim, and Board Appeal—empowers you to choose the most effective path for your case.

If you feel overwhelmed or unsure which option is right for you, remember that you don’t have to navigate the process alone. Support from qualified VA consultants or accredited professionals can help ensure your evidence is strong, your appeal is properly filed, and your case is presented in the best possible light.