Have You Been Denied Veteran's Benefits

Have You Been Denied Veteran's Benefits?

Have you received a written decision on veterans’ benefits that you would like to challenge?

There are 3 options. You can submit a Supplemental Claim, request a Higher Level Review, or file an appeal to the Board of Veterans’ Appeals.

Supplemental Claims

• Claim must have been decided in the past.
• Review must be based on new and relevant evidence OR a change in the law.
• Can be filed at any time, but best to file within 1 year of the decision letter.
• File online, by mail, or in-person.
• Review usually takes around 4 months.

For more information, see www.va.gov/decision-reviews/supplemental-claim.

Higher Level Reviews

• Review of initial claim or Supplemental Claim decision by a higher-level reviewer for error or a difference of opinion.
• Cannot submit new evidence.
• Request must be made within 1 year of date of decision letter.
• Request can be made online, by mail, or in-person.
• Can request an informal conference, which is a call with the higher-level reviewer for your case.
• Takes around 4 to 5 months on average.

For more information, see www.va.gov/decision-reviews/higher-level-review.

Appeal to Board of Veterans' Appeals

• Review of initial claim, Supplemental Claim, or Higher-Level Review by a Veterans Law Judge at Board of Veterans' Appeals (BVA) in Washington, D.C.
• Request must be made within 1 year of date of decision letter, or in case of contested claim, within 60 days of date of decision letter.
• Request can be made online, by mail, in-person, or by fax.
• Decision of BVA can be reviewed by U.S. Court of Veterans’ Claims.

Types of Board Appeals

• Direct Review – appeal reviewed based on record with no new evidence and no hearing; decision typically takes 1 year.
• Evidence Submission – judge considers new evidence and evidence that is already part of the case; decision typically takes a year and a half.
• Hearing – meeting with judge where new evidence can be submitted; decision typically takes 2 years.

For more information, see www.va.gov/decision-reviews/board-appeal.