How to Appeal a VA Claim: Guide to Supplemental Claims & Higher-Level Reviews
Complete guide to VA appeals and supplemental claims under the modernized system. Learn about higher-level reviews, Board appeals, and legacy appeals processes.
Understanding the Modernized Appeals Process
The Veteran Appeals Improvement and Modernization Act of 2017, implemented on February 19, 2019, modernized the claims and appeals process. The modernized appeals process is simple, timely and fair to Veterans, offering Veterans greater choice in how they resolve disagreements with VA decisions.
Typical decisions subject to review include disability compensation, pension, education benefits, recovery of overpayments, reimbursement for unauthorized medical services, and denial of burial and memorial benefits.
Critical Timeline
A claimant generally has one year from the date of the notice of a VA decision to request a decision review from one of three options. However, claimants only have 60 days to file an appeal for contested claims (claims where a favorable decision on one claim requires the denial or a lesser benefit to another claimant).
Three Decision Review Options
To file a disagreement with a VA decision dated on or after February 19, 2019, Veterans or claimants may pursue one of three different options:
A claimant may file a supplemental claim using VA Form 20-0995, Decision Review Request: Supplemental Claim.
Key Requirements
Claimants must be sure to identify or submit new and relevant evidence:
- New evidence means evidence not previously part of the actual record before agency adjudicators at the time of the prior decision.
- Relevant evidence means evidence that tends to prove or disprove a matter at issue in a claim.
Timeline
Claimants may file supplemental claims at any time; however, filing the request within one year of the date of notice of the prior decision on the issue(s) maintains potential entitlement to the earliest possible effective date, if VA is able to grant the benefit.
Form and Resources
Download VA Form 20-0995 at www.vba.va.gov/pubs/forms/VBA-20-0995-ARE.pdf
For more information, visit www.va.gov/decision-reviews/supplemental-claim
A claimant may request a higher-level review using VA Form 20-0996, Decision Review Request: Higher-Level Review.
How It Works
- An experienced VA adjudicator, who did not participate in the prior decision, reexamines the same evidence used in the prior decision.
- The reviewer decides the claim without considering that prior decision.
- The claimant and/or representative may request one informal conference with the higher-level reviewer to identify any errors in law or fact VA made in the prior decision.
Timeline and Restrictions
VA must receive the completed VA Form 20-0996 within one year of the date of the notification letter of the prior decision.
A claimant may request an HLR for most decisions, except immediately following an HLR or a Board decision involving the same issue.
Form and Resources
Download VA Form 20-0996 at www.va.gov/decision-reviews/higher-level-review
Disability Compensation
Department of Veterans Affairs
Claims Intake Center
PO Box 4444
Janesville, WI 53547-4444
Life Insurance
Department of Veterans Affairs
Attention: Insurance Center
PO Box 5209
Janesville, WI 53547
Pension and Survivor Benefits
Department of Veterans Affairs
Claims Intake Center
PO Box 5365
Janesville, WI 53547-5365
All Other Benefit Types
Check the decision letter for your initial claim for instructions on how to submit the form.
A Veteran or claimant may appeal directly to the Board using VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) within one year of the date of the VA decision.
Appeal Options
- Request a hearing with a Veterans law judge
- Submit additional evidence
- Request a review without any additional evidence (could result in a faster decision)
Where to Submit
Mail:
Board of Veterans' Appeals
P.O. Box 27063
Washington DC 20038
Fax: 844-678-8979
Further Appeals
A Board decision under the modernized program also may be appealed to the U.S. Court of Appeals for Veterans Claims.
Additional Information
For additional information on the decision review and appeals processes or to download the appropriate request forms, visit www.va.gov/decision-reviews
The Board decides appeals on behalf of the Secretary of Veterans Affairs.
Representation
Although it is not required, a VSO, an accredited agent, or attorney may represent a claimant.
Hearing Options
Appellants who wish to have a hearing may present their cases in person to a member of the Board:
- In Washington, D.C.
- At a VA regional office
- By videoconference
Check Your Case Status
Decisions made by the Board on your case can be found by logging into www.va.gov
Request Information
The pamphlet, "How Do I Appeal," is available on the Board of Veterans' Appeals website at www.bva.va.gov, or may be requested by writing:
Mail Process Section (014)
Board of Veterans' Appeals
810 Vermont Avenue, NW
Washington, DC 20420
A final Board decision that does not grant a claimant the benefits desired may be appealed to the U.S. Court of Appeals for Veterans Claims. The court is an independent body, not part of VA.
Critical Timeline
Notice of an appeal must be received by the court with a postmark that is within 120 days after the Board mailed its decision.
How It Works
- The court reviews the record considered by the Board.
- It does not hold trials or receive new evidence.
- Appellants may represent themselves before the court or have lawyers or approved agents as representatives.
- Oral argument is held only at the direction of the court.
Further Appeals
Either party may appeal a decision of the court to the U.S. Court of Appeals for the Federal Circuit and may seek review in the U.S. Supreme Court.
Contact Information
Published decisions, case status information, rules and procedures, and other special announcements can be found at www.uscourts.cavc.gov
Phone: 202-501-5970
Mail:
Clerk of the Court
625 Indiana Ave. NW, Suite 900
Washington, DC 20004
For VA decisions issued prior to February 19, 2019, under the legacy appeals process, a claimant had one year from the date of the notification of a VA decision to file an appeal by filing a written notice of disagreement with the VA department that made the decision.
Note: There are still some cases pending in the legacy appeals system.
Legacy Appeals Process
- Following receipt of the claimant's written notice, VA issues a "Statement of the Case" (SOC) describing the facts, laws and regulations used in deciding the case.
- To complete the request for appeal, the claimant must file a "Substantive Appeal" or VA Form 9 within 60 days of the mailing of the SOC, or within one year from the date VA mailed its decision, whichever period ended later.
Opting Into the Modernized System
Claimants with a pending legacy appeal can opt-in to the modernized appeals system when they receive an SOC or a Supplemental Statement of the Case (SSOC).
To opt-in, claimants must submit the required form, electing to opt-in to the modernized appeals process within 60 days from the date of the SOC/SSOC or within the one-year appeal period.
Forms and Resources
VA Form 9 is available at www.va.gov/vaforms/va/pdf/VA9.pdf
For further information on opting in and to locate the applicable forms, visit www.benefits.va.gov/benefits/appeals.asp
The Secretary of a military department, acting through a Board for Correction of Military Records, has the authority to change any military record when necessary to correct an error or remove an injustice.
What Can Be Reviewed
A correction board may consider applications for correction of a military record, including a review of a discharge issued by court-martial.
Strong Case for Discharge Upgrade
All branches of the military consider you to have a strong case for a discharge upgrade if you can show your discharge was connected to any of these categories:
- Mental health conditions, including posttraumatic stress disorder (PTSD)
- Traumatic brain injury (TBI)
- Sexual assault or harassment during military service, military sexual trauma (MST)
- Sexual orientation (including under the Don't Ask, Don't Tell policy)
How to Apply
Application is made with DD Form 149, available at VA offices, Veterans organizations or visit www.esd.whs.mil/Directives/forms/dd1000_1499
For more information, visit www.va.gov/discharge-upgrade-instructions
Each of the military services maintains a discharge review board with authority to change, correct, or modify discharges or dismissals not issued by a sentence of a general court-martial. The board has no authority to address medical discharges.
Who Can Apply
If the Veteran is deceased or incompetent, the surviving spouse, next of kin, or legal representative may apply for a review of discharge by writing to the military department concerned, using DD Form 293, "Application for the Review of Discharge from the Armed Forces of the United States."
Timeline Requirements
If the discharge was more than 15 years ago, a Veteran must petition the appropriate Service's Board for Correction of Military Records using DD Form 149, "Application for Correction of Military Records Under the Provisions of Title 10, U.S. Code, Section 1552."
Veterans separated administratively under other than honorable conditions may request that their discharge be reviewed for possible recharacterization, provided they file their appeal within 15 years of the date of separation.
Review Process
A discharge review is conducted by a review of an applicant's record and, if requested, by a hearing before the board.
Important Note on Unauthorized Absence
Discharges awarded because of a continuous period of unauthorized absence in excess of 180 days make persons ineligible for VA benefits regardless of action taken by discharge review boards, unless VA determines there were compelling circumstances for the absence. Boards for the Correction of Military Records may also consider such cases.
Benefits Eligibility
Veterans with disabilities incurred or aggravated during active duty may qualify for medical or other benefits regardless of separation and characterization of service.
Forms
DD Form 293 may be obtained at a VA regional office, from Veterans organizations or online at www.esd.whs.mil/Directives/forms/dd1000_1499
Questions regarding the review of a discharge should be addressed to the appropriate discharge review board at the address listed on DD Form 293.
Veterans separated due to disability from September 11, 2001, through December 31, 2009, with a combined rating of 20% or less, as determined by the respective branch of service Physical Evaluation Board (PEB) and not found eligible for retirement, may be eligible for a review by the Physical Disability Board of Review (PDBR).
Purpose
The PDBR was established to reassess the accuracy and fairness of certain PEB decisions and, where appropriate, recommend the correction of discrepancies and errors.
Important Protections
- A PDBR review will not lower the disability rating previously assigned by the PEB.
- Any correction may be made retroactively to the day of the original disability separation.
Critical Limitation
As a result of the request for review by the PDBR, no further relief from the Board of Corrections of Military Records may be sought and the recommendation by the PDBR, once accepted by the respective branch of service, is final.
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