Get Help With Your Appeal Today!

Understanding VA Appeals for Disability Compensation

When veterans receive a decision from the VA regarding their disability compensation claim, they may find that the decision does not accurately reflect the severity of their disabilities or the impact on their lives. In such cases, veterans have the right to appeal the decision through various channels, each offering unique benefits and processes tailored to different situations.

VA Supplemental Claim

A VA supplemental claim allows veterans to provide additional evidence or information to support their existing disability compensation claims. Key points about supplemental claims include:

Purpose: Veterans can submit new medical evidence, legal arguments, or additional information not previously considered by the VA to strengthen their claim.

Criteria: This option is suitable when veterans obtain new evidence or disagree with the initial decision but do not need a higher-level review.

Benefits: Allows veterans to present updated information and potentially receive increased compensation without restarting the entire claims process.

VA Higher-Level Review Claim

A VA higher-level review claim offers veterans a streamlined process to request a senior VA reviewer to re-examine the decision on their disability compensation claim. Key points about higher-level review claims include:

Purpose: Veterans can request a higher-level review of their claim without submitting new evidence. The focus is on ensuring the initial decision was accurate and in compliance with VA regulations.

Criteria: Suitable when veterans disagree with the initial decision but do not have additional evidence to submit.

Benefits: Expedited processing times compared to appeals, maintaining the original effective date for benefits if filed within one year, and no need to gather new evidence.

Notice of Disagreement (NOD) to the Board of Veterans' Appeals (BVA)

A Notice of Disagreement (NOD) is a formal statement by a veteran expressing disagreement with a VA decision and initiating an appeal to the Board of Veterans' Appeals (BVA). Key points about NODs include:

Purpose: Veterans use a NOD to dispute the VA's decision and request further review by the BVA.

Criteria: Filed within one year of the initial decision, with the option to submit additional evidence or arguments to support the appeal.

Benefits: Formally initiates the appeals process, provides veterans with a decision outlining the VA's position based on a review by an attorney and judge. Also allows for a hearing before a BVA judge for a thorough review of the case.

Steps to File an Appeal

Regardless of the appeal option chosen, veterans generally follow these steps:

Identify the Issue: Determine the specific aspects of the VA decision that are being appealed.

Complete the Appropriate Form: Depending on the chosen appeal option (Form 20-0995 for supplemental claim, Form 20-0996 for higher-level review, or Form 10182 for NOD), submit the required form to the VA or BVA.

Submit Supporting Evidence: Include any relevant medical records, statements, or documentation that supports the appeal, if required.

Review of Decision: Await the VA or BVA's review and decision on the appeal, which may involve additional medical examinations or assessments.

Final Thoughts

Understanding the VA appeals options—supplemental claim, higher-level review claim, and NOD to the BVA—is essential for veterans seeking fair recognition and support for their service-related disabilities. By selecting the appropriate appeal option based on their circumstances and gathering necessary evidence, veterans can navigate the appeals process effectively and ensure their disability compensation accurately reflects the impact of their military service. Veterans are encouraged to seek assistance from accredited VA representatives or veterans service organizations to maximize their entitlements and receive comprehensive support throughout the appeals process.