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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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VA Disability Claim Appeals

United States (federal and general)Last reviewed 18 September 2026

If the VA denies or under-rates your disability claim, you have three review options: a Supplemental Claim with new evidence, a Higher-Level Review, or an appeal to the Board of Veterans' Appeals. You generally have one year from the decision notice, and pursuing review continuously keeps your original effective date.

Choosing a Review Option

Direct Answer: A Supplemental Claim lets you submit new and relevant evidence, a Higher-Level Review asks a senior reviewer to look again at the same evidence, and a Board appeal goes to a Veterans Law Judge.

The right choice depends on why the claim was denied. If there was a mistake in applying the law to the existing evidence, a Higher-Level Review may be quick. If evidence is missing, such as a nexus opinion or new medical records, a Supplemental Claim fits, and a Board appeal suits cases needing a hearing or a fuller review.

The One-Year Rule and Effective Dates

Under 38 C.F.R. § 3.2500, you may elect a higher-level review or Board appeal within one year of the decision notice. If you continuously pursue an issue by timely filing successive review options, the effective date is fixed by the date of the initial claim or when entitlement arose, whichever is later. A supplemental claim filed after the one-year period is treated differently and generally will not reach back to the original date, which can cost significant back pay.

Getting Help

Veterans service organizations and accredited attorneys and agents can help, and free help is available through accredited veterans service officers. Only VA-accredited representatives may charge fees, and only under the fee rules described in our guide on VA disability lawyer fees.

Frequently Asked Questions

How long do I have to appeal a VA decision?

Generally one year from the date of the decision notice to elect a Higher-Level Review or Board appeal. Filing in time preserves your effective date.

What is continuous pursuit?

Timely filing successive review options so that your claim is treated as continuously pending, which keeps your original effective date and the back pay that goes with it.

What is the difference between the three options?

A Supplemental Claim allows new evidence, a Higher-Level Review re-examines the same evidence, and a Board appeal goes to a Veterans Law Judge.

Can I submit new evidence in a Higher-Level Review?

No. If you have new and relevant evidence, use a Supplemental Claim or the appropriate Board docket instead.

Do I need a lawyer?

Not required. Free help is available from veterans service organizations, and accredited attorneys and agents can also represent you within the fee rules.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. 38 C.F.R. § 3.2500 (review of decisions; one-year time limit and continuous pursuit)

    A claimant has one year from the notice of a VA decision to elect a higher-level review or Board appeal. Continuously pursuing an issue through timely successive review options preserves the original effective date.

  2. VA.gov — Decision reviews and appeals

    The three options after a VA decision: a Supplemental Claim (with new and relevant evidence), a Higher-Level Review (no new evidence) or a Board of Veterans' Appeals appeal.

  3. 38 C.F.R. § 14.636 (fees for VA claims representation)

    A fee may not be charged for services before the notice of the initial VA decision, must be entirely contingent on a favourable result, and may not exceed 20% of past-due benefits. Only VA-accredited attorneys and agents may charge fees.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.