Decision review
VA claim denied? Your options and deadlines
A denial does not end your claim. You generally have one year to choose a review lane. Staying inside that window can preserve your original effective date.
Calls are answered by an automated intake assistant and may be recorded with your consent.
Why do VA claims get denied?
Compensation requires four elements under 38 U.S.C. §§ 1110 and 1131: a discharge other than dishonorable, a current disability, an in-service event, and a medical link (nexus) between the two. Common reasons a claim is denied include the absence of a current diagnosis, no documented in-service event or injury, no nexus opinion, or a missed compensation and pension exam.
The decision letter explains the reasons. Favorable findings of fact are binding on later reviews unless clear and unmistakable error is shown.
How do I read the decision letter?
Read the entire letter. It lists the issues decided, the evidence considered, the reasons for the decision, and any favorable findings. Favorable findings are binding in later reviews of the same issue unless the VA finds clear and unmistakable error.
Note the date of the decision. That date starts the one-year clock for most review options under the Appeals Modernization Act for decisions issued on or after February 19, 2019.
What review lanes are available after a denial?
For decisions on or after February 19, 2019, the Appeals Modernization Act offers three main lanes:
- Higher-Level Review — a senior reviewer looks at the same evidence. No new evidence is allowed.
- Supplemental Claim — you submit new and relevant evidence.
- Board of Veterans' Appeals — Direct Review (about 7 months pending-age average), Evidence Submission (about 8 months), or Hearing (about 2.4 years). These are Board pending-age averages, not promises (BVA, 2026).
After a Board denial you may appeal to the U.S. Court of Appeals for Veterans Claims within 120 days (38 U.S.C. § 7266).
What is the one-year rule and continuous pursuit?
Generally file within one year of the decision letter. Staying within a year of each successive decision is called continuous pursuit. Continuous pursuit keeps the original effective date (38 C.F.R. § 3.2500(h)).
Missing the one-year window usually means the claim is treated as a new claim, which can change the effective date and reduce potential past-due benefits. Only about 3% of VA regional office decisions reach the Board; most denied veterans never appeal.
When can a law firm help after a denial?
Accredited attorneys and agents may not charge for work before the VA’s initial decision (38 U.S.C. § 5904(c)(1)). After the initial decision, fees are usually contingent on past-due benefits. A fee of 20% or less is presumed reasonable; over 33⅓% is presumed unreasonable. At 20% or less the VA can pay the attorney directly from back pay (38 C.F.R. § 14.636). No back pay usually means no fee. Veterans Service Organizations remain free.
VA Disability Help is a marketing service, not a law firm. Requests are reviewed by Milberg, PLLC. Submitting a request does not create an attorney-client relationship. Accreditation can be checked at the VA Office of General Counsel website.
Frequently asked questions
How long do I have to respond to a VA denial?
What is continuous pursuit?
Can I submit new evidence after a denial?
What happens if I miss the one-year deadline?
Does a Board denial end the process?
See if a law firm can review your VA decision
Takes about 2 minutes. There is no charge to request a review.