The 1-year rule
You have one year from the date on your VA decision letter to appeal. Miss that window and the decision becomes final — you can still file a Supplemental Claim with new evidence later, but you lose the early effective date that matters for back pay.
The three appeal lanes (AMA decision review)
1. Higher-Level Review (HLR)
A senior reviewer at a different VA office takes a fresh look at the same record. No new evidence allowed.
- Average time: ~125 days
- Best for: clear errors of law or fact in the original decision
- Form: VA Form 20-0996
- Optional informal "phone call" with reviewer — request it on the form. Often improves outcomes.
2. Supplemental Claim
Submit new and relevant evidence — medical records, doctor's letter, lay statements, the law itself (PACT Act). VA must give a duty-to-assist review.
- Average time: ~140 days
- Best for: when you have new evidence, or want to add a buddy statement / private medical opinion
- Form: VA Form 20-0995
- Can re-file as many times as you want, indefinitely
3. Board Appeal (Board of Veterans' Appeals)
Goes to a Veterans Law Judge in Washington. Three sub-options:
- Direct review — same record. ~365 days. Fastest Board option.
- Evidence submission — new evidence allowed for 90 days after filing. ~550 days.
- Hearing — virtual or in-person hearing with the judge. ~700+ days. Highest grant rate of any lane.
Form: VA Form 10182
How to pick the right lane
- Got a doctor's letter you didn't have before? → Supplemental Claim
- VA ignored evidence already in your file? → Higher-Level Review
- VA misapplied the law? → HLR or Board direct review
- Want a hearing in front of a judge? → Board (hearing option)
- Was your claim denied for a non-presumptive condition that's now presumptive? → Supplemental Claim citing the law (PACT Act etc.)
Effective dates and back pay
If you file any appeal within 1 year of the original decision, you keep the original effective date. That means your back pay accrues from that earlier date — sometimes years of compensation. This is why the 1-year deadline matters.
If you blow the 1-year deadline and file a Supplemental Claim later, you can still get the increase but only from the date of the new claim.
If you missed the 1-year deadline
You can still file a Supplemental Claim — just with a later effective date. You can also file a CUE (Clear and Unmistakable Error) motion if the original decision had an obvious legal error. CUE has no time limit.
The Court of Appeals for Veterans Claims (CAVC)
If the Board denies you, you can appeal to the CAVC — a federal court. You have 120 days from the Board decision. CAVC review is purely on the legal record; you can't bring new evidence. Free legal help is available through the Veterans Pro Bono Project.
Common appeal mistakes
- Filing the wrong form (HLR form for a supplemental claim, etc.)
- Missing the 1-year window
- Submitting new evidence on an HLR (it'll be ignored)
- Not requesting the informal HLR phone call (often the cheapest path to a win)
- Going straight to Board when an HLR or Supplemental Claim would be faster
- Using a "claim shark" — illegal under federal law for initial claims and a known scam pattern
Get help — for free
VSOs handle appeals at no cost. They know the lanes, the forms, and the local Regional Office quirks.
VA.gov — Decision Reviews
Official portal. File HLR, Supplemental, or Board Appeal online. Track status.
va.gov/decision-reviews →DAV — File appeals free
Disabled American Veterans handles HLRs, Supplementals, and Board appeals nationwide.
Find office →VFW Service Officers
Strong on Vietnam, Iraq, Afghanistan presumptive cases.
VFW help →NVLSP — Lawyers Serving Warriors
Pro bono representation for complex appeals, especially CAVC cases.
nvlsp.org →