Guidance after a denial, or a rating that sits too low.
A denial is not the end, and a low rating is not final. The VA gives you three ways to have a decision looked at again, and each one has its own rules and its own clock. We read your decision letter, find out why it came out the way it did, and help you choose the route that fits.
The three routes.
Supplemental Claim
You have new and relevant evidence the VA did not consider. VA Form 20-0995. File within one year of the decision to keep your effective date.
Higher-Level Review
No new evidence. A more senior reviewer looks at the same file for an error. VA Form 20-0996, within one year of the decision.
Board Appeal
A Veterans Law Judge decides, by direct review, with new evidence, or after a hearing. VA Form 10182, generally within one year.
Which one fits.
It depends on why the claim came out the way it did. If the VA was missing evidence, a Supplemental Claim lets you add it. If the evidence was there and the VA got it wrong, a Higher-Level Review asks a senior reviewer to find the error. If you want a judge, or a hearing, the Board is the route, and it is the slowest.
The VA's own goal for a Supplemental Claim or a Higher-Level Review is an average of 125 days. Direct review at the Board averages a year, and the other Board dockets take longer. The VA's comparison of the three (opens in a new tab).
If your condition has gotten worse.
A rating reflects how a condition was when it was rated. If it has gotten worse since, that is not an appeal. It is a new claim for an increase, and the medical records that show the change are what carry it.
If the rating was wrong from the start, that is a decision review, and one of the three routes above is the way in.
What the law says about fees here.
Federal regulation, 38 CFR 14.636 (opens in a new tab), bars an accredited agent or attorney from charging a fee for work on an initial claim. A fee is only permitted for representation after the VA has issued its decision, such as a higher-level review, a supplemental claim, or an appeal.
That means the three routes on this page are where a lawful fee can apply. The same regulation requires any fee agreement to be in writing, so ask about it before any work begins, whoever you work with.
Questions veterans ask.
What counts as new and relevant evidence?
New means the VA has not considered it before. Relevant means it tends to prove or disprove something in your claim. A new medical opinion, records the VA never saw, or statements from people who saw what happened can all qualify.
How long do I have?
One year from the date on your decision letter for a Higher-Level Review or a Board Appeal. A Supplemental Claim can be filed later, but filing within that year is what keeps your original effective date.
Can I try one route and then another?
Often, yes. A Supplemental Claim can follow a Higher-Level Review or a Board decision. What you cannot do is ask for a Higher-Level Review on an issue that has already had a Higher-Level Review or a Board Appeal.
Should I send you my decision letter?
Yes. It is the most useful page you have. It says what was decided, why, and the date that starts your one-year clock. Mention it in your intake, or have it in front of you when you call.
More of what we help with.
Start with a private intake.
MVAC reviews each submission and follows up directly, within 2 business days, Monday thru Thursday. Sensitive details are stored encrypted and viewed only through the protected admin.