🔄 My VA Disability Claim Was Denied — What to Do

1. Don't Give Up

Most first claims are denied or underrated. The VA system is designed — whether intentionally or not — to exhaust you. Most veterans who give up after a first denial had legitimate claims.

DAV — Free Appeals Help877-838-6827

2. Three Appeal Paths

• Supplemental Claim (20-0995) — new and relevant evidence. ~125 days. Fastest.
• Higher Level Review (20-0996) — senior reviewer re-examines same record. No new evidence. ~90 days.
• Board of Veterans Appeals (10182) — a Veterans Law Judge reviews. 1–3 years. Most thorough.

3. Supplemental Claim — Form 20-0995

Use when you have new and relevant evidence the VA hasn't seen: a new DBQ from your private doctor, civilian medical records, a nexus letter, or a buddy statement you didn't have before.

This is the fastest path at ~125 days. It's the right choice when the denial was an evidence problem.

4. Higher Level Review — Form 20-0996

A senior VA reviewer re-examines the same record. No new evidence allowed. Use when you believe the examiner made a clear factual or legal error — not when you need more evidence.

Strategy: File HLR first — not to win, but to force the VA to write down their exact legal reasoning. Once you see precisely what argument they used, you can go to BVA and argue directly against that specific legal position.

5. Board of Veterans Appeals — Form 10182

A Veterans Law Judge reviews your case. Three options: Direct Review (judge decides on existing record), Evidence Submission (submit new evidence), or Hearing (in-person or virtual with the judge).

Must file within 1 year of the most recent rating decision. Longest path — 1 to 3 years — but most thorough.

6. Free Help at Every Level

DAV, VFW, American Legion, and your County VSO provide free help at every appeal level. Accredited VA attorneys work on contingency — no fee unless you win, capped at 20% of retroactive benefits.

Find accredited attorneys at va.gov/ogc/accreditation.asp. Find NVLSP at nvlsp.org.

DAV — Free Help877-838-6827

7. Appeals Strategy — How to Actually Win

The best first move after a denial or under-rating is almost always to file for Higher Level Review (HLR). Not because you expect to win there — but because HLR forces the VA examiner to write down their exact legal reasoning for the denial. Once you can see precisely what legal argument they used, you can build your BVA appeal directly against that argument.

The four-step strategy

Step 1 — File HLR First. When you receive a denial or rating you disagree with, file VA Form 20-0996 (Higher Level Review). In the remarks section, specifically request that the reviewer provide a detailed explanation of the legal basis for each determination. You are forcing the VA to put their reasoning in writing.

Step 2 — Study the HLR Decision. When the HLR decision arrives, read it closely. What specific legal standard did they apply? What evidence did they say was insufficient? What exactly was the basis for the denial? Write this down precisely.

Step 3 — File BVA with a Targeted Argument. Now file VA Form 10182 (Board Appeal). Your argument is not "I disagree" — it is "the HLR applied the wrong legal standard" or "the HLR ignored evidence X" or "the rating criteria applied was incorrect because..." You are arguing against their specific legal position, not just restating your claim.

Step 4 — Get Legal Help for BVA. The BVA is where an accredited VA attorney or claims agent becomes highly valuable. Many work on contingency — no fee unless you win, with fees capped by law at 20% of retroactive benefits. Find accredited attorneys at va.gov/ogc/accreditation.asp. Your county VSO can also help you determine the right strategy and prepare your arguments.

Meet with your County VSO or attorney. Bring your rating decision and HLR decision and ask these specific questions:

• "What legal standard did the VA apply to deny this condition and is that the correct standard?"
• "What evidence does the VA say is missing or insufficient and what exactly do I need to provide?"
• "Is the percentage rating assigned consistent with the VA rating criteria in 38 CFR Part 4?"
• "Does my situation qualify for TDIU (Total Disability Individual Unemployability) and should I file for it?"
• "Should I file a Supplemental Claim with new evidence first, or go directly to BVA?"
• "If we go to BVA, what is the strongest legal argument against the VA's stated reasoning?"

The bottom line on appeals

• A denial is not the end. The system is designed to make veterans give up. Do not give up.
• HLR is not where you win — it is where you learn what argument you need to make at BVA.
• BVA is where you win or lose the legal argument. Come prepared with the specific legal counterargument to whatever the VA said in the HLR.
• Every path has a 1-year deadline from the most recent decision. Put the deadline in your phone the day you receive any VA decision letter.
• Free help exists at every step: DAV (877-838-6827), your County VSO, and accredited attorneys at NVLSP (nvlsp.org).

DAV — Free Appeals Help877-838-6827

This is not legal advice. This app is not a lawyer. Consult an attorney or your county VSO.