Independent referral service · Not affiliated with the VA or DoD
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.
Calls are answered by an automated intake assistant and may be recorded with your consent.
How do the three review lanes compare?
| Option | What it is | New evidence allowed? | Deadline | Typical wait (averages) |
|---|---|---|---|---|
| Higher-Level Review | A senior reviewer looks at the same evidence | No | 1 year | Varies |
| Supplemental Claim | Submit new and relevant evidence | Yes | 1 year | Varies |
| Board — Direct Review | Board reviews the existing record | No | 1 year | About 7 months |
| Board — Evidence Submission | Submit additional evidence with the appeal | Yes (limited window) | 1 year | About 8 months |
| Board — Hearing | Testify before a Veterans Law Judge | Yes | 1 year | About 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?
What is new and relevant evidence for a Supplemental Claim?
Do the Board wait times apply to me?
Can I go straight to the Court of Appeals for Veterans Claims?
See if a law firm can review your VA decision
Takes about 2 minutes. There is no charge to request a review.