VA appeals attorney and veterans appeal lawyers for your three review options
If VA denied your claim, rated it too low or picked the wrong effective date, you can ask for another look. Under the Appeals Modernization Act you choose one of three review options, and the choice decides who reviews your case and whether you can add evidence. A VA appeals attorney helps you pick the lane that fits your evidence and builds the record for it.
The three decision review options
Supplemental claim. You add new and relevant evidence, such as a medical opinion or records VA did not have. VA decides the claim again with that evidence.
Higher-level review. A more senior reviewer looks at the same evidence for errors. You cannot add new evidence, and you can ask for an informal conference to point out the error.
Board appeal. A Veterans Law Judge at the Board of Veterans' Appeals reviews your case.
Three ways to appeal to the Board
| Board option | Can you add evidence | Hearing |
|---|---|---|
| Direct review | No, the judge reviews the record as it stands | No |
| Evidence submission | Yes, within a set window after you file | No |
| Hearing | Yes, at the hearing and for a set window after | Yes, by video or in person |
Each docket moves at its own pace and timing varies. Check VA.gov for current estimates.
Deadlines in general terms
You generally have one year from the date on your decision notice to choose a higher-level review or a Board appeal, and the same year to file a supplemental claim while keeping your original effective date. Your decision letter lists the exact deadline and your options, so check it first. If you miss the window, you can often still file a supplemental claim, but your effective date can move later.
When a VA appeals attorney is worth it
- You are not sure which review option fits your case.
- The decision turns on a medical question, such as whether a condition is service connected or secondary to another.
- A C&P exam opinion seems wrong or incomplete and you need a stronger opinion.
- You want a Board hearing and help preparing your testimony.
- Your case involves several conditions, an effective date dispute or TDIU (a TDIU lawyer focuses on that last one).
Before a review, it helps to know how the va c&p exam shaped your decision and how a higher rating would change your total with va math.
Calculate my ratingWhat an appeals attorney may charge
An appeal comes after an initial decision, so an accredited attorney or agent may charge a fee for this work under a written agreement filed with VA. A fee of 20 percent or less of past-due benefits is presumed reasonable, and a fee over 33 1/3 percent is presumed unreasonable. Accredited Veterans Service Organizations also help with reviews and appeals at no cost.
After the Board
If the Board denies your appeal, you can generally appeal to the Court of Appeals for Veterans Claims, a federal court with its own deadline stated in the Board decision.
Find help with your review or appeal
Choose your state and select appeal as your claim stage. Verified accredited representatives who handle reviews and Board appeals in your state receive your request. You decide whom to talk to, and sending it is free for veterans.
Other pages that may help
If your claim has not been decided yet, read about the va disability claim attorney role and when it starts. To compare agents and attorneys, see accredited va claims agent.
Which review option should I choose?
It depends on your evidence. If you have new evidence, a supplemental claim is often the fit. If VA made an error with the evidence it had, a higher-level review may work. For a judge's review or a hearing, choose a Board appeal.
How long do I have to appeal a VA decision?
Generally one year from the date on your decision notice. Your decision letter states the exact deadline, so check it before you decide.
Can I add evidence in a higher-level review?
No. A higher-level review uses the evidence already in your file. To add evidence, choose a supplemental claim or a Board appeal with evidence submission or a hearing.
Can a VA appeals attorney charge for a supplemental claim?
Yes. A supplemental claim comes after an initial decision, so an accredited attorney may charge under a written fee agreement filed with VA.
What happens if the Board denies my appeal?
You can generally appeal to the Court of Appeals for Veterans Claims, or in many cases file a supplemental claim with new evidence.