If you are dissatisfied with a VA decision, and wish to appeal with additional medical evidence or other supporting documentation, a claim under the Supplemental lane may be right for you. When applying for a Supplemental review, evidence submitted must be “new and relevant,” meaning that it must not have been previously considered. The VA is required to assist you in developing this evidence.

In many cases, the VA may have all of the information necessary to grant service connection, but failed to do so; a Higher-Level Review (HLR) under these circumstances may be in order. Under the HLR process, your claim is reviewed by a more senior claims adjudicator. These senior adjudicators review the evidence of record (no new evidence may be submitted), and may overturn the decision or remand it to gather more information for correction. A claimant may also request an informal conference to help identify specific issues.

Should your appeal fail through the Supplemental Claim or Higher-Level Review lane, it is frequently necessary to file an appeal to the BVA. In these appeals, a Veteran Law Judge will review your case for discrepancies through three options: (1) direct review (no new evidence, and you do not want an in person hearing), (2) evidence submission (you have new evidence, but do not want a hearing), and (3) hearing (you have new evidence and want to testify before a Veteran Law Judge). In 2015, the BVA reviewed over 52,000 appeals; of these, a little over 43,000 were granted award benefits by the Board or remanded for further review to the VA Regional Office. This staggering figure (over 80%) underlines the necessity of the appeals process.

As part of the first stage of the appeals process, you must file Notice of Disagreement (NOD) (VA FORM 21-0958) with the VA. At this stage, it is also recommended that you request a Decision Review Officer (DRO) review of the issues disagreed with. The NOD must be filed within one year of the date you receive the decision on your case.

If you requested a local review when filing your NOD, a review of the issues you disagreed with will be conducted “de novo,” meaning the review of your claims will be done without any deference given to the previous VA decision. The Decision Review Officer conducting the new review has the authority to make a new decision on your claim, meaning you will essentially be given a  “second bite at the apple.” 

After your initial claim has gone through a Decision Review Officer review, the VA will send you information on your claim, which will include a Statement of the Case, evidence, and laws used to make a decision. Along with this information about your case, you will receive an appeal form (VA Form 9). If you are unsatisfied with conclusions of the Decision Review Officer review,  the next step is to appeal to the Board of Veterans’ Appeals. 

In order to initiate this process, you must complete the VA Form 9. Importantly, there are deadlines for filing these forms. The Board of Veterans’ Appeals reviews the decisions made by the local VA office. When requesting a review, you can articulate whether you would like a hearing to take place.

A hearing is an informal hearing conducted by the decision review officer in charge of deciding your claim. There are three possible hearing formats (e.g., a hearing in Washington D.C., a video conference, or a hearing at your local VA office). At the hearing, you have the opportunity to advocate for yourself. Deciding whether or not to request a hearing may vary depending on your case. Our attorneys can help you determine whether a hearing should be requested, which format would serve you best, and can also ensure you are prepared for the hearing. Having an attorney represent you at this hearing is beneficial to ensuring you are guided through the process efficiently and effectively. 

The BVA will not make a decision immediately on your case. Rather, the board member will review the information you presented and a transcript of the hearing before deciding to allow your claim, deny your claim, or send the case back to the local office in order to get more details.

The U.S. Court of Appeals for Veterans Claims is a Federal Court. This is generally the last step in the VA appeal process. Claims at this level typically involve complicated rules and procedural details and can take an extended period of time. As such, it is best to have an attorney represent you at this stage.