Steps To Appealing A Denied VA Disability Claim
A denial of a VA disability claim is frustrating, but the good news is that it’s not final. As attorneys such as Gregory M. Rada, Attorney at Law know, there are avenues available to you to file an appeal in pursuit of the benefits that you need and deserve.
Knowing The Deadline
When filing an appeal, it is important to do so in accordance with all deadlines. You have one year from the date on the decision letter to choose an appeal option. If you miss the deadline, you will not be able to file an appeal and will have to file a new claim with new evidence.
Available Appeal Lanes
There are three avenues of appealing a denied claim:
- Higher-Level Review (HLR). In this type of appeal, a senior rater re-examines your file for any errors. No new evidence is allowed to be submitted.
- Supplemental Claim. A supplemental claim allows you to submit new and relevant evidence such as doctor’s letters, treatment notes, and buddy statements.
- Board of Veterans’ Appeals. A Board of Veterans’ Appeal has three sub-lanes: Direct, Evidence Submission (90-day window), and Hearing.
A veterans disability lawyer can help you understand the avenues of appealing a denied claim and which one may be best for you.
Typically, it is best to file an HLR appeal if the denial was obviously wrong based on the facts already presented, a Supplemental appeal when new medical opinions or records are available, and a Board appeal if you want your claim to be ruled on by a judge.
How To Build A Strong Supplemental Claim
Building a strong supplemental claim involves obtaining important, relevant evidence, and submitting it in the most clear manner possible. For a strong supplemental claim:
- Clearly label new documents: “Nexus Opinion, Dr. Smith, June 2025.”
- Tie the evidence to the missing element—diagnosis, service event, or nexus.
- Include a brief statement explaining why the new material matters.
What To Expect At A Hearing
Conducted by video or in person, hearings last about 30 minutes. The judge asks clarifying questions, and you or your representative outline how the denial missed key facts. An attorney can help you prepared for a hearing and understand what questions to expect.
Frequently Asked Questions
Can I File Using Multiple Lanes At Once?
No, you cannot file multiple appeals at once. If an appeal is denied, you may be able to appeal through another lane.
How Long Does Each Lane Take?
HLR appeals average four to six months. Supplemental appeals typically take six to eight months. A board appeal may take multiple years
Will I Need New Exams?
Often yes, especially in the Supplemental lane if the new evidence triggers VA’s duty to assist.
Contact A Lawyer Today
Appealing a denial is about matching the right lane to the error and supplying evidence that closes VA’s perceived gaps. Act within the one-year window, organize your documentation, and keep the process moving until the correct decision lands. With the help of an experienced lawyer, you can file a strong appeal for a denied claim.