How To Appeal A VA Disability Claim Denial

Receiving a denial on a VA disability claim is frustrating, but it’s far from the end of the process. The VA’s appeals system gives veterans multiple paths to challenge unfavorable decisions.

Below, our friends from Gregory M. Rada, Attorney at Law discuss the options available to veterans after a claim denial.

Understanding The Appeals Modernization Act

Since 2019, the Appeals Modernization Act has given veterans three lanes to choose from after a denial. Each lane serves a different purpose, and selecting the right one depends on the specifics of the case. Making the wrong choice can waste time or even weaken a claim.

Supplemental Claim

A supplemental claim is appropriate when a veteran has new and relevant evidence that wasn’t part of the original decision. This could be a new medical opinion, updated treatment records, or a buddy statement. The VA will re-review the claim in light of the new evidence. This is often the fastest path back to a favorable decision.

Higher-Level Review

A Higher-Level Review asks a more senior VA adjudicator to take a fresh look at the existing evidence without adding anything new. This lane works well when the original decision contained an obvious error, such as misreading the medical evidence or applying the wrong rating criteria. No new evidence can be submitted, but the reviewer can identify duty-to-assist errors.

Board Of Veterans’ Appeals

Veterans can also appeal directly to the Board of Veterans’ Appeals, where a Veterans Law Judge reviews the case. This lane allows for new evidence submission and the option of a hearing. It takes longer than the other two paths, but it can be effective for complex claims or cases that have been denied multiple times.

Getting Professional Help With Your Appeal

Navigating the appeals process requires understanding which lane gives you the best chance of success. If your claim was denied, a veterans disability lawyer can analyze the decision, identify the strongest path forward, and help you build a more persuasive case on appeal.