The VA gives you three ways to challenge a decision you disagree with, and picking the wrong one wastes months. The short version: if you have new and relevant evidence, file a Supplemental Claim. If you believe the VA got the law or facts wrong on the same record, request a Higher-Level Review. If you want a judge to look at your case, file a Board Appeal. The deadlines are not identical. For most benefits, request a Higher-Level Review or Board Appeal within one year of the date on your decision letter, and file a contested-claim Board appeal within 60 days. You may file a Supplemental Claim at any time, though filing within one year generally preserves your effective date. Always follow the deadline printed on your decision letter.
The three lanes at a glance#
The VA gives you three ways to challenge a decision you disagree with. A Supplemental Claim adds new and relevant evidence to the record. A Higher-Level Review asks a senior reviewer to look again at that very same record. A Board Appeal sends the case to a Veterans Law Judge.
Side by side, the table below sets out what evidence each lane accepts, who reviews it, the deadline that applies to it, and what can follow it.
| Lane | New evidence? | Who reviews it | Deadline | What can follow |
|---|---|---|---|---|
| Supplemental Claim | Yes, new and relevant evidence is required | A VA reviewer, on the updated record | Any time; generally within 1 year to preserve the effective date | Can follow any decision |
| Higher-Level Review (HLR) | No, the same record is reviewed | A higher-level reviewer | For most benefits, within 1 year after an initial or Supplemental Claim decision; decision letter controls | Not available after a prior HLR or Board decision on the same issue, or for a contested claim |
| Board Appeal | Depends on the docket you choose | A judge at the Board of Veterans' Appeals | For most benefits, within 1 year; 60 days for a contested claim; decision letter controls | After the Board: a Supplemental Claim, or CAVC within 120 days |
The decision tree, in plain English#
Pick the lane by what is actually wrong with your decision. New and relevant evidence the VA has never seen points to a Supplemental Claim. A complete record that you believe was misjudged points to a Higher-Level Review. A wish for a judge to decide points to a Board Appeal.
Three questions sort almost every case, and each one lands on a different lane.
Do you have new and relevant evidence the VA has not seen? If yes, a Supplemental Claim is one option, and a Board Evidence Submission or Hearing docket can also accept evidence within its applicable window. The Supplemental Claim specifically requires new and relevant evidence, and it can follow any decision. This is the path when you have a new medical opinion, a new diagnosis, a buddy statement, or records the VA did not have the first time.
No new evidence, but you think the VA misapplied the law or overlooked what was already in your file? That is a Higher-Level Review. A higher-level reviewer takes a fresh look at the exact same record. You cannot add documents in an HLR. An HLR may follow an initial or Supplemental Claim decision, but not a prior HLR or Board Appeal on the same issue, and it is not available for contested claims. Use it when the problem is how your existing evidence was handled, not what evidence exists.
Want a judge to decide? File a Board Appeal to the Board of Veterans' Appeals. The Board offers three dockets. Direct Review is for cases with no new evidence. Evidence Submission accepts evidence with the appeal or within 90 days after VA receives it. Hearing accepts evidence at the hearing or within 90 days afterward, and lets you speak to a judge. After a final Board decision, you may file a Supplemental Claim with new and relevant evidence or generally appeal to the U.S. Court of Appeals for Veterans Claims, known as CAVC, within 120 days of the decision. That last step happens outside the VA, and our CAVC appeal guide explains why those 120 days run from the date the Board mailed the decision, not the date you read it.
What "new and relevant" evidence means#
New means the VA did not already have it when it decided your claim, and relevant means it could actually help prove something that your claim needs. A Supplemental Claim requires evidence that is both, which is why a copy already in your file does not qualify all on its own.
Worked through on real documents, the rule is easier than it sounds. A fresh medical opinion tying your condition to service is often both new and relevant. A copy already in the file may be relevant, but it is not new and therefore does not by itself satisfy the new-and-relevant requirement. If you are not sure whether what you have counts, that is a good question for a free accredited representative before you file.
What each lane is best for#
Each lane fixes a different problem. A Supplemental Claim is best when the denial came down to missing evidence that you can now supply. A Higher-Level Review is best when your own record was already complete and you believe it was misjudged. A Board Appeal asks for a judge.
Matching the lane to the defect is the whole exercise, and each one has limits.
Supplemental Claim. Best when the reason for your denial was missing evidence and you now have something to add. Because it accepts new and relevant evidence and can follow any decision, it is the most flexible lane for filling a gap in your record.
Higher-Level Review. Best when your file was already complete and you believe the VA made an error applying the law or weighing what was there. Remember the limits: you cannot add evidence, an HLR cannot follow a prior HLR or Board decision on the same issue, and it is not available for contested claims.
Board Appeal. Best when you want a judge to decide, or when your situation calls for a hearing. Pick the docket that matches your evidence: Direct Review when you have nothing new, and Evidence Submission or Hearing when you do.
How to choose without guessing#
Name the reason you disagree, and then let that reason choose the lane. Something new to show to the VA points to a Supplemental Claim, or to a Board docket that accepts evidence. A complete record you believe was misjudged points to a Higher-Level Review or to Direct Review.
Wanting a judge specifically is its own reason, and it points to the Board.
Match the lane to your reason for disagreeing:
- You have something new to show the VA, so choose the Supplemental Claim, or the Board's Evidence Submission or Hearing docket.
- Your evidence is complete and you believe it was misjudged, so choose the Higher-Level Review or the Board's Direct Review.
- You want a judge specifically, so choose the Board.
The reason this matters so much: a lane that cannot accept your evidence cannot fix a problem that only new evidence solves. You cannot submit the missing document in an HLR, but if the missing evidence reflects a pre-decision duty-to-assist error, the reviewer can return the claim for correction and readjudication. Otherwise, choose a lane that accepts new evidence. Learn any term that trips you up in the glossary, and if the dispute is about how your conditions combine, recheck the math in the combined rating calculator.
What this does not mean
A Higher-Level Review is not a do-over where you get to upload new documents. It is a second look at the exact same record. If your real problem is that the VA never saw an important piece of evidence, the HLR is usually the wrong lane, because you cannot add that evidence there. In that situation a Supplemental Claim, which is built for new and relevant evidence, usually fits better.
Hypothetical example. A veteran we will call Priya is denied because the VA said there was no medical opinion linking her condition to service. She later gets exactly that opinion from her doctor. Because she now has new and relevant evidence, the Supplemental Claim is a strong fit. If instead her file already contained a strong linking opinion that the VA appeared to ignore, a Higher-Level Review on the same record could be the better fit. Same denial, different reason, different lane.
Watch the clock#
For most benefits you have one year from the date printed on your decision letter to request a Higher-Level Review or a Board Appeal. A contested-claim Board appeal has a shorter 60-day window. A Supplemental Claim can be filed at any time, and your own letter still controls.
Filing a Supplemental Claim within one year generally preserves your effective date, which is the reason to treat that year as a deadline even where none applies. The day the letter arrives, put its deadline on your calendar.
What these reviews cost#
Requesting any one of these three reviews is free, and a free accredited Veterans Service Organization representative can help you prepare and file one at no cost to you. Because a review comes after your initial decision, a paid representative is also allowed at this stage.
Charging is bounded rather than open. An accredited attorney or claims agent may charge for qualifying representation at this stage, but only when VA has received the required appointment and fee-agreement documents, and the fee still must meet VA's reasonableness rules. That is different from an initial claim: accredited agents and attorneys may not charge you for services provided before notice of the initial decision, and people who are not VA-accredited generally may not prepare, present, or prosecute a VA claim. If you consider paid representation, confirm the person is accredited first and understand the fee agreement before you sign anything.
Where to go next#
If you have not filed a claim yet, then start there rather than with a review. If you have a decision you disagree with, match the lane to your own reason, put the deadline printed on your letter onto a calendar, and ask a free accredited representative before you choose one.
Everything below is a starting point rather than a step you owe anyone. If you have not filed yet, start with How to File a VA Disability Claim, and avoid the errors in VA Claim Mistakes to Avoid, including giving up after a single denial. Browse related conditions in the conditions library. You can start any review at VA.gov decision reviews. Free accredited VSO representatives can help at no cost. Because a review follows your initial decision, accredited attorneys and claims agents may charge here subject to VA fee rules, so confirm anyone is accredited first using the VA OGC accreditation search. We educate and help you organize your evidence. We never prepare or file your claim or appeal.