Understanding your denial
When the VA denies a claim, the decision letter tells you exactly why. Read it carefully, the denial reason determines your best appeal strategy.
Common denial reasons:
- No current diagnosis: Get diagnosed and file a supplemental claim
- No nexus/service connection: Get a nexus letter and file a supplemental claim
- Insufficient evidence of in-service event: Gather buddy statements and records, then supplement
- C&P exam unfavorable: Get an independent medical opinion contradicting the exam
Your three options
Option 1: Supplemental Claim (VA Form 20-0995)
Best when: You have NEW evidence the VA hasn't seen
- Submit new and relevant evidence that addresses the reason for denial
- No deadline (but file quickly to preserve earlier effective dates)
- You can submit multiple supplemental claims
- Average processing: 4-5 months
New evidence can include
- A nexus letter (if you didn't have one before)
- Additional medical records
- A private medical opinion countering the C&P examiner
- Buddy statements
- Service records you recently obtained
- A new diagnosis
Option 2: Higher-Level Review (VA Form 20-0996)
Best when: The VA made an error with existing evidence
- A senior reviewer re-examines your claim using only the evidence already on file
- You cannot submit new evidence
- You CAN request an informal conference (10-20 minute phone call), always do this
- Must file within 1 year of the decision
- Average processing: 4-5 months
Use HLR when
- The rater misapplied the rating criteria
- The rater ignored favorable evidence in your file
- The C&P exam was inadequate (too short, wrong tests, wrong examiner specialty)
- The decision contradicts the evidence on record
- There's a clear and unmistakable error (CUE)
HLR informal conference tips
- Request the informal conference; it gives you a call with the reviewer
- Write out talking points before the call
- Reference specific page numbers in your C&P exam or evidence
- Point out specific errors: "The examiner said X, but my STR on page Y shows Z"
- Be respectful but firm, this reviewer has authority to overturn the decision
Option 3: Board Appeal (VA Form 10182)
Best when: Your case is complex or requires a judge's interpretation
Three sub-options:
- Direct Review: Judge reviews existing evidence only. Fastest board option.
- Evidence Submission: Submit new evidence without a hearing.
- Hearing: Testify before a Veterans Law Judge (in person or video). Most thorough option.
- Must file within 1 year of the decision
- Longest processing time (1-2+ years)
- Strongest option for complex legal arguments
- In fiscal year 2024 the Board decided 71,262 AMA appeals: 38.4% allowed, 28.4% remanded and 16.0% denied (Board of Veterans' Appeals Annual Report, FY 2024)
Strategic decision tree
- Denied for lack of evidence? → Supplemental Claim with new evidence
- Evidence was there but ignored? → Higher-Level Review with informal conference
- Rating criteria misapplied? → Higher-Level Review
- C&P exam was inadequate? → Supplemental Claim with private IMO, OR HLR arguing exam inadequacy
- Complex legal issue? → Board Appeal with hearing
- Denied multiple times? → Board Appeal with attorney representation
You can switch lanes
If your HLR is denied, you can then file a Supplemental Claim with new evidence. If your Supplemental Claim is denied, you can request an HLR. This gives you multiple chances, a denial at one level doesn't prevent you from trying another.