Disability Appeals

Supplemental Claim 

A supplemental claim often is the best first option to address a denied claim.  With a supplemental claim, you will continue working with a VSR to develop additional evidence that either supports your claim or rebuts the VA’s reasons for denying your claim. This is called “new” and “relevant” evidence.

This evidence may include additional statement(s) from you, people you served with, and friends or family members who are familiar with your condition and how it affects you.  Your VSR may also recommend obtaining medical treatment records or trying to get a letter from your physician linking your condition to your service (a “Nexus Letter”).

Supplemental claims are the easiest way to get additional evidence in front of the VA and are one of the quickest ways to get the VA to review your claim and issue a new decision.  And, as long as you file the supplemental claim within a year of the previous denial, you can protect the earliest possible effective date for your claim.

Higher-Level Review

If you have already submitted all the evidence that you can get in support of your claim, and there is a simple issue with the VA’s denial of your claim, the Appeals Team may recommend that you ask the VA for a Higher-Level Review (“HLR”) of your claim.

During this type of appeal, a senior VA employee performs a new review of your claim to address any errors made in the earlier decision.  However, you cannot submit additional evidence with your request for HLR and will be limited to only what the VA had at the time it issued the decision that you would like to appeal.

If the Appeals Team recommends a HLR for your denied claim, they also may suggest asking for an “informal conference.”  Informal conferences are mini, informal “hearings” that allow you – and your Appeals Team representative – to discuss the issues with your claim directly with the VA employee that will be making the decision for your HLR.  These conferences are usually either over the phone or through Microsoft Teams and, if VDVS requested the HLR for you, you will be represented by a member of the Appeals Team who will guide you through the entire process.

Like a supplemental claim, a HLR is one of the fastest options to have the VA review your denied claim. And, as long as you file the request within one year of the prior decision, you can protect an earlier effective date for your claim.

Appeal to the Board of Veterans' Appeals 

Finally, if the VA has still denied your claim after you filed a Supplemental Claim and/or a request for an HLR, the Appeals Team may recommend an appeal to the Board of Veterans’ Appeals (the “Board”), the highest level within the VA.  Compared to the other options, however, Board appeals take significantly longer – often at least two to four years. Because of the added complexity of a Board appeal, we strongly encourage you to work with the VDVS Appeals Team prior to filing an appeal to the Board.  Remember, it all comes back to that partnership between the VSR, the Appeals Team, and you – the claimant.

The Appeals process changes depending on which of three review options you select on your Notice of Disagreement.

1. Direct Review by a Veterans Law Judge

   This appellate review option prohibits the submission of new evidence and does not come with the optional Board hearing. With this review option, a member of the Appeals Team will be given the opportunity to provide a written legal argument in support of your appeal before it is moved to a Veterans Law Judge for decision.

2. Evidence Submission Reviewed by a Veterans Law Judge

   This appellate review option allows for the submission of new evidence within 90 days of the Board’s receipt of the 10-182 and does not come with the optional Board hearing. With this review option, a member of the Appeals Team will be given the opportunity to provide a written legal argument in support of your appeal before it is moved to a Veterans Law Judge for decision.

3. Hearing with a Veterans Law Judge

This appellate review option affords you the opportunity to testify before a Veterans Law Judge and allows the submission of new evidence within 90 days after the hearing. In most cases, we recommend this option on appeal. Once the Board schedules your hearing, a member of the Appeals Team will be assigned to your case and will work closely with you to prepare for it. We have complete access to your VA C-File and will do a thorough review of your appeal history. We will also advise on potential new evidence that may support your appeal and help you obtain that in the weeks before and after the hearing. We work closely with appellants to submit necessary evidence within the 90-day window following the hearing and can provide status updates on request while we await a final decision in writing. Finally, we will review the decision with the appellant, explain the outcome, and discuss next steps.

While the Board’s wait times are beyond our control, we do our best to provide educated estimates based on trends we are seeing with our case load and answer questions to the best of our ability. Additionally, the Board gives priority treatment to appeals by veterans who are 75 or older, seriously ill, in major financial hardship, or who demonstrate other good cause. If you meet any of those criteria, the Appeals Team can help you request priority processing for your case.

Next Steps 

The Appeals Team is committed to working with you throughout the final phase of the process and staying transparent along the way. Oftentimes, even after the Board issues a decision, there is more work to be done. This may require returning to a State Benefits office for an appointment, providing additional information to VA, or attending a VA examination. In certain cases, an unfavorable Board decision may warrant the filing of another supplemental claim to continue protecting that earlier effective date. In other cases, even a favorable Board decision may warrant the filing of a review option if we disagree with the evaluation or effective date assigned.

Remember, the Appeals team is best able to assist when there is a strong partnership between all parties involved – the DVS State Benefit office VSR, the Appeals Team representative, and most importantly, you— the claimant. We look forward to working with you.