What Happens When the VA Denies or Undercounts Your Disability Claim
The Department of Veterans Affairs (VA) makes a decision on your disability claim within weeks or months. If the VA denies your claim entirely, rates your condition lower than you believe it should be, or denies an increase you requested, you have the right to challenge that decision. The VA has three separate appeal paths, and which one you use depends on when you file and what you are challenging.
You do not have to accept the VA's rating. Thousands of veterans appeal every year, and many succeed because new evidence, a clearer medical record, or a different legal argument changes the outcome. The process is free, and you can represent yourself or hire a VA-accredited representative or attorney.
Key Takeaways
- You have one year from the date of the VA's decision letter to file any appeal, or your right to challenge that specific decision closes.
- The three appeal paths are the Notice of Disagreement (for decisions made before February 19, 2019), the Higher-Level Review, and the Supplemental Claim, each with different timelines and what evidence you can submit.
- A Higher-Level Review asks a senior rater to look at the same evidence again, while a Supplemental Claim lets you add new medical records or statements that did not exist when the VA made the first decision.
- You can hire a VA-accredited representative or attorney to help you, and they are paid only if you win and receive back pay.
- If you lose at the first appeal level, you can usually file a second appeal using a different path, but you must do so within one year of that second decision.
The Three Appeal Paths and When to Use Each One
The VA offers three ways to appeal, and the one you choose depends on when the original decision was made and what you are challenging. If your decision letter came before February 19, 2019, you must use the Notice of Disagreement path first. If it came after that date, you can choose between a Higher-Level Review or a Supplemental Claim.
A Higher-Level Review is fastest if you believe the VA made a mistake in how it read your medical records or applied the law. A senior rater reviews the same evidence you already submitted and decides whether the original decision was correct. This path takes about four to six months. You cannot submit new evidence, but you can point out errors in how the VA used the evidence it had.
A Supplemental Claim is the right choice if you have new medical records, new test results, or a new statement from a doctor that did not exist when the VA made the first decision. You submit the new evidence, and the VA rater reviews the entire file again. This path also takes about four to six months but requires you to have something new to add.
The Notice of Disagreement path (for pre-2019 decisions) requires you to file a form, wait for a Statement of the Case, then file a substantive appeal. This path is slower—typically nine months to a year or more—and is being phased out as older decisions are resolved.
How to File a Higher-Level Review
To file a Higher-Level Review, complete VA Form 20-0996 and send it to the VA regional office that made the original decision. You can file online through VA.gov, by mail, or in person at a VA office. The form asks which decision you are disagreeing with and whether you want a phone hearing, an in-person hearing, or no hearing.
You have one year from the date on your decision letter to file the form. If you miss that important date, your right to appeal that specific decision closes, though you may be able to file a Supplemental Claim if you have new evidence.
After you file, the VA sends you a receipt notice with a tracking number. A senior rater (someone who did not work on the original decision) will review your file within four to six months. If you requested a hearing, you will be scheduled for a phone or in-person meeting where you can explain why you disagree. If you did not request a hearing, the rater reviews the file on paper only.
The rater then issues a new decision. If the rater agrees with you, your rating increases or your claim is granted, and you receive back pay to the date of the original claim. If the rater disagrees, you receive a new decision letter explaining why, and you can file a second appeal using a different path (usually a Supplemental Claim if you can find new evidence).
How to File a Supplemental Claim
To file a Supplemental Claim, complete VA Form 20-0995 and include the new evidence you are submitting. New evidence means medical records, test results, statements from doctors, or other documents that did not exist or were not part of your file when the VA made the original decision. You cannot use a Supplemental Claim to reargue the same evidence the VA already reviewed.
You have one year from the date on your decision letter to file. Submit the form and evidence together to the VA regional office that made the original decision, either online through VA.gov, by mail, or in person.
The VA rater reviews your entire file, including the new evidence, and issues a new decision within four to six months. If the new evidence supports your claim, the rating increases or the claim is granted. If the rater still disagrees, you receive a new decision letter, and you can file a Higher-Level Review or another Supplemental Claim if you have additional new evidence.
What Documents You Need and How to Gather Them
For a Higher-Level Review, you do not need to submit new documents—the VA already has your file. However, you should have copies of your original decision letter, your medical records, and any statements you submitted the first time, so you can reference them if you request a hearing.
For a Supplemental Claim, you must gather new evidence. This typically includes recent medical records from your VA doctor or private doctor, new test results, a new statement from your treating physician explaining how your condition has worsened, or a statement from someone who knows you (a family member, employer, or friend) describing how your disability affects your daily life. The statement does not have to be formal—a letter or email from a doctor or witness is enough.
Request medical records from your VA medical center or private doctor as soon as you decide to appeal. This can take two to four weeks. If you are working with a VA-accredited representative or attorney, they can request records on your behalf, which sometimes speeds up the process.
Hiring a Representative or Attorney to Help
You can represent yourself in an appeal, but many veterans hire a VA-accredited representative or VA disability attorney to help. An accredited representative is trained by the VA and can represent you before the VA. A VA disability attorney is a lawyer licensed to practice law and can represent you in VA appeals and in the VA Court of Appeals.
Both charge a fee only if you win and receive back pay. The fee is typically 20 to 33 percent of the back pay you receive, capped at $6,700 (this cap may change). You pay nothing upfront and nothing if you lose. The representative or attorney handles filing forms, gathering evidence, and presenting your case at a hearing.
To find a VA-accredited representative, search the VA's official list at va.gov. To find a VA disability attorney, contact the National Organization of Veterans' Advocates (NOVA) or search your state bar association's disability law section. Interview at least two before you decide, and ask about their experience with claims like yours.
What to Expect at Each Stage of the Appeal
| Stage | What Happens | Timeline |
|---|---|---|
| File Your Appeal | You submit VA Form 20-0996 (Higher-Level Review) or 20-0995 (Supplemental Claim) to the regional office. | Same day or within one week |
| Receipt Notice | The VA sends you a letter confirming your appeal was received and assigns a tracking number. | One to two weeks after filing |
| Hearing (if requested) | You speak by phone or in person with a VA rater or judge. You explain why you disagree with the decision. | Two to four months after filing |
| Rater Review | A senior rater reviews your file and evidence and makes a new decision. | Four to six months after filing |
| New Decision Letter | The VA mails you a new decision. If you won, back pay is processed. If you lost, you can file a second appeal. | Six months after filing |
Frequently Asked Questions
What is the difference between a Higher-Level Review and a Supplemental Claim?
A Higher-Level Review asks a senior rater to look at the same evidence again and decide if the original rater made a mistake. A Supplemental Claim lets you add new medical records or statements that did not exist when the VA made the first decision. Use Higher-Level Review if you think the VA misread your evidence; use Supplemental Claim if you have new evidence to submit.
Can I file more than one appeal?
Yes. If you lose a Higher-Level Review, you can file a Supplemental Claim if you have new evidence. If you lose a Supplemental Claim, you can file a Higher-Level Review. You can keep filing different types of appeals as long as you file within one year of each decision letter. However, if you run out of new evidence and keep resubmitting the same documents, the VA will deny future appeals.
How long does it take to get a decision on my appeal?
Most appeals take four to six months from the date you file until you receive a new decision letter. Some take longer if the VA is backlogged or if you request a hearing. You can check the status of your appeal anytime through VA.gov using your tracking number.
What if I disagree with the appeal decision?
If you lose your appeal, you can file a second appeal using a different path (if you have not already used it) within one year of the new decision letter. If you have exhausted both the Higher-Level Review and Supplemental Claim paths, you can appeal to the VA Court of Appeals, which is a federal court. This requires filing a Notice of Appeal and is more complex; most veterans hire an attorney for this step.
Do I have to pay to appeal?
No. Filing an appeal is free. If you hire a representative or attorney, they charge a fee only if you win and receive back pay, and the fee comes from your back pay, not from your pocket.