A denial or a rating that feels too low is not the end of your claim, but the clock does start ticking. Under the current system, you generally have one year from a VA decision to appeal, and you have to choose among the three types of VA appeals to do it. The choice matters more than most veterans expect. Pick the lane that fits the reasons for denial, and the case moves. Pick the wrong one, and you can lose months waiting for a decision that will continue to be denied. This guide walks through all three options, how each one works, and how to match the right appeal to your situation.
The three types of VA appeals at a glance
Under the Appeals Modernization Act, a veteran who disagrees with a decision has three decision review options: a supplemental claim, a higher-level review, or a Board appeal. Each uses a different form, handles evidence differently, and moves at a different speed.
| Appeal option | Form | New evidence allowed | Hearing | VA goal |
|---|---|---|---|---|
| Supplemental claim | 20-0995 | Yes, new and relevant | No | ~125 days |
| Higher-level review | 20-0996 | No | No (informal conference option) | ~125 days |
| Board appeal | 10182 | Depends on docket | Depends on docket | Direct Review ~365 days; other dockets longer |
Choosing among them is not really about speed; it is about why your claim was denied. If you want help reading your decision and picking a lane, you can consult with an attorney for free. Visit the Goodman Allen Donnelly veterans benefits page to schedule a free consultation.
Supplemental claim, when new evidence is the answer
A supplemental claim asks the VA to reconsider using new and relevant evidence it did not have before. You file VA Form 20-0995, submit the new evidence, and a reviewer decides again based on that evidence plus what was already in the file. The VA’s stated goal is an average of about 125 days.
This is the right lane when the denial came from a gap in the record. If the VA denied service connection because there was no current diagnosis or no medical opinion linking your condition to service, then getting that missing evidence and filing a supplemental claim is usually the cleanest path. It is also flexible: after almost any decision, including a Board denial, a supplemental claim with new and relevant evidence is available again.
Higher-level review, when the VA got it wrong on the record
A higher-level review asks a more senior reviewer to take a fresh look at the same evidence. You file VA Form 20-0996, and no new evidence is allowed. The point of this lane is not to add to the file; it is to argue that the VA misjudged what was already there. It also lets you request an informal conference to point out a specific factual or legal error to the reviewer. The VA’s goal here is also about 125 days.
Choose a higher-level review when you believe everything needed to grant the claim was already in the file and the VA either overlooked it or applied the law incorrectly. A common example is an effective date problem: the evidence supports an earlier date, but the VA used a later one, costing you months of back pay. An informal conference is often where that kind of error gets fixed.
Board appeal, when you want a judge to decide
A Board appeal sends your case to a Veterans Law Judge at the Board of Veterans’ Appeals on VA Form 10182. You choose one of three dockets, and the choice controls whether you can add evidence or testify. Direct Review is for cases where the record is complete, the issue is legal, and the VA aims to decide those within about a year. Evidence Submission lets you add evidence within 90 days without a hearing. The Hearing docket lets you testify before a judge. The Evidence Submission and Hearing dockets take longer than Direct Review.
A Board appeal makes sense when the dispute is about how the law was applied, or when it would genuinely help for a judge to hear directly from you. If the Board continues to deny, you still have options, including filing a supplemental claim with new evidence or an appeal to the U.S. Court of Appeals for Veterans Claims, which we cover in our guide to the CAVC appeal process.
How to choose the right appeal lane
Here is the part that decides everything: start from why the VA denied you, not from which lane sounds fastest. The reason for the denial points to the option.
If the VA needed evidence you did not have, such as a diagnosis, a nexus opinion, or a current exam, gather it and file a supplemental claim. If everything was already in the file and the VA overlooked it or misapplied a rule, a higher-level review, often with an informal conference, is built for that. If the fight is about how the law or a regulation should be interpreted, or you want a judge to hear your story, a Board appeal fits. Reading your denial closely is the whole game, and it is worth understanding what your denial letter is actually telling you before you pick. Choosing the wrong lane rarely ends a claim, but it can add many months, which is why this decision is worth getting right the first time.
What we see most often in appeals
In our experience, the most common mistake is refiling the same evidence in a new lane and expecting a different result. The lane has to match the reason for the denial. When it does, cases that have stalled for years often start to move.
Goodman Allen Donnelly has focused on veterans benefits since 1998, with attorneys who have worked inside the VA adjudicating appeals and clerked at the U.S. Court of Appeals for Veterans Claims.
Frequently asked questions
What are the three types of VA appeals? Under the Appeals Modernization Act, the three decision review options are a supplemental claim (new and relevant evidence), a higher-level review (a senior reviewer looks again at the same record), and a Board appeal (a Veterans Law Judge decides). Each uses a different VA form.
What is the difference between a supplemental claim and a higher-level review? A supplemental claim lets you add new and relevant evidence, so it fits when the record was missing something. A higher-level review allows no new evidence and asks a senior reviewer to correct an error in how the existing evidence or law was handled.
How long do VA appeals take? The VA’s goal is an average of about 125 days for supplemental claims and higher-level reviews. For Board appeals, the goal is about 365 days on the Direct Review docket, and the Evidence Submission and Hearing dockets generally take longer. These are goals, not guarantees, and actual times vary.
How long do I have to appeal a VA decision? You generally have one year from the date of the VA decision to file one of the three appeal options. Missing that window can mean starting over, so it is important to act before the deadline passes.
Which VA appeal option is best? There is no single best option. The right lane depends on why you were denied: missing evidence points to a supplemental claim, an overlooked record or legal error points to a higher-level review, and a legal dispute or a desire to testify points to a Board appeal.
Where to start after a denial
The three types of VA appeals are not ranked from worst to best; they are tools for different problems. The supplemental claim adds evidence, the higher-level review fixes errors on the existing record, and the Board appeal puts your case in front of a judge. Match the lane to the reason for your denial, and you give the claim its best chance to move.
Goodman Allen Donnelly represents veterans and their dependents, and only veterans and their dependents, in VA disability appeals and supplemental claims, with attorneys who have worked inside the VA and served veterans since 1998. If you have received a denial and are not sure which appeal option fits, Goodman Allen Donnelly offers a free consultation for veterans and their families: https://www.goodmanallen.com/contact-us/.
About The Author
This article was contributed by Nancy Foti, Managing Partner of Goodman Allen Donnelly. With over 20 years of experience, Nancy has represented disabled veterans and their families before the Department of Veterans Affairs, the U.S. Court of Appeals for Veterans Claims, and the U.S. Court of Appeals for the Federal Circuit. She clerked for the Honorable Ronald Holdaway of the U.S. Court of Appeals for Veterans Claims and previously served as a staff attorney with the National Veterans Legal Services Program.