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What are the appeal options after a VA decision?

For decisions on or after February 19, 2019, three main lanes exist under the Appeals Modernization Act.

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How do the three review lanes compare?

Comparison of VA decision review options (decisions on or after Feb. 19, 2019)
OptionWhat it isNew evidence allowed?DeadlineTypical wait (averages)
Higher-Level ReviewA senior reviewer looks at the same evidenceNo1 yearVaries
Supplemental ClaimSubmit new and relevant evidenceYes1 yearVaries
Board — Direct ReviewBoard reviews the existing recordNo1 yearAbout 7 months
Board — Evidence SubmissionSubmit additional evidence with the appealYes (limited window)1 yearAbout 8 months
Board — HearingTestify before a Veterans Law JudgeYes1 yearAbout 2.4 years

Staying within one year of each decision keeps continuous pursuit and can preserve the original effective date (38 C.F.R. § 3.2500(h)). Board pending-age averages are from the Board of Veterans' Appeals, 2026, and are not a promise of any individual timeline.

What happens after a Board denial?

You have 120 days from the Board decision to file a Notice of Appeal with the U.S. Court of Appeals for Veterans Claims (38 U.S.C. § 7266). The Court reviews legal errors; it does not re-weigh evidence in the same way the Board does.

What is an effective date and why does it matter?

The effective date is generally the later of the date the claim was received or the date entitlement arose. Filing within one year of discharge can set the effective date to the day after separation (38 C.F.R. § 3.400). An Intent to File preserves a date for one year (38 C.F.R. § 3.155). Clear and unmistakable error can sometimes reopen older final decisions (38 U.S.C. § 5109A).

Only about 3% of decisions reach the Board. Why?

Most veterans who receive a denial never file an appeal. Continuous pursuit within the one-year windows is the usual path that keeps the original effective date available.

Frequently asked questions

Can I submit new evidence on Higher-Level Review?
No. Higher-Level Review looks only at the evidence already in the file.
What is new and relevant evidence for a Supplemental Claim?
Evidence that was not previously considered and that tends to prove or disprove a matter at issue.
Do the Board wait times apply to me?
The figures (about 7 months, 8 months, and 2.4 years) are pending-age averages published by the Board of Veterans' Appeals in 2026. They are not a guarantee or prediction for any individual appeal.
Can I go straight to the Court of Appeals for Veterans Claims?
Only after a final Board decision. The 120-day deadline starts when the Board issues its decision (38 U.S.C. § 7266).

See if a law firm can review your VA decision

Takes about 2 minutes. There is no charge to request a review.

Step 1 of 3

Where do you live?

About the claim

Your relationship to the veteran
Have you received a decision letter from the VA on this claim?
Who is helping you now?

How can the firm reach you?

Claimant attestation

Submitting does not create an attorney-client relationship. Milberg, PLLC reviews requests from this website. Prefer to talk? Call 561-763-1271.

Request received — a few more details?

This helps the reviewing firm understand your situation. It takes about 2 minutes.

Service-connected conditions (check all that apply)
Toxic exposure (check all that apply)
Do your service-connected conditions keep you from working?
Do you need help with daily activities, or have loss of use of a limb or sight?
Have you paid or signed with a 'claims consultant' who is not an attorney?
Were you harmed by care at a VA facility?
Are you a military retiree?
Claimant attestation
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