VA Claim Denied? Here's Exactly What to Do Next β HLR, Supplemental, and Board Appeal Explained
VA Claim Denied? Here's Exactly What to Do Next β HLR, Supplemental, and Board Appeal Explained
If your VA disability claim was denied, don't give up. There are several options to get your claim reconsidered and potentially approved. We'll cover the step-by-step process for each of the main appeal routes: Higher-Level Review (HLR), Supplemental Claim, and Board Appeal.
Higher-Level Review (HLR)
The Higher-Level Review (HLR) is a great first step if your initial VA claim was denied. This is an entirely new review of your case by a more experienced VA claims adjudicator. The key benefits of an HLR are:
- No need to submit new evidence β they'll re-review your existing file
- Faster turnaround than a full Board Appeal (average of 4-6 months)
- Can get an earlier effective date for your benefits if approved
How to Request an HLR:
- File a VA Form 20-0996, "Decision Review Request: Higher-Level Review" within 1 year of your denial.
- Clearly explain why you believe the previous decision was incorrect.
- No need to submit additional evidence β the VA will re-review your existing file.
- You can have a representative (e.g. veterans service organization) assist with your HLR request.
Example: After being denied for PTSD, you could request an HLR and argue that the VA overlooked key evidence in your medical records that supports your claim.
π‘ Pro Tip: Request a "de novo" review, which means the HLR adjudicator will take a fresh look at your case without being influenced by the previous decision.
Supplemental Claim
If the HLR doesn't result in your claim being approved, the next step is to file a Supplemental Claim. This allows you to submit new and relevant evidence that was not previously considered.
How to File a Supplemental Claim:
- Complete VA Form 20-0995, "Decision Review Request: Supplemental Claim".
- Identify the issue(s) you're claiming and the new evidence you're providing.
- The VA will re-evaluate your claim based on the new evidence you submit.
- You can have a representative assist with your Supplemental Claim.
Example: After being denied for a back condition, you could file a Supplemental Claim and submit a new medical opinion linking your back pain to your military service.
β οΈ Watch Out: There is no time limit to file a Supplemental Claim, but the sooner you act, the better.
Board Appeal
If the Supplemental Claim is also denied, your final option is to appeal directly to the Board of Veterans' Appeals (BVA). This is the highest level of appeal within the VA claims process.
How to File a Board Appeal:
- Complete VA Form 10182, "Decision Review Request: Board Appeal (Notice of Disagreement)".
- Clearly state which issues you're appealing and why you believe the decision was incorrect.
- You can request a hearing with a Veterans Law Judge, submit additional evidence, or have a representative assist you.
- The average processing time for a Board Appeal is 1-2 years.
Example: After being denied for a TBI claim, you could appeal directly to the Board and submit a private medical opinion that was overlooked in your previous claims.
π‘ Pro Tip: Consider hiring a veterans disability attorney or accredited claims agent to help with your Board Appeal. They can significantly improve your chances of success.
Key Takeaways
1. If your VA claim is denied, you have several options to get it reconsidered: Higher-Level Review, Supplemental Claim, or Board Appeal.
2. Act quickly and be specific about why you believe the previous decision was incorrect.
3. Consider getting help from a veterans service organization or disability attorney, especially for a Board Appeal.
Don't get discouraged if your initial VA claim is denied. With the right strategy and evidence, you can get your claim approved on appeal. Follow the steps outlined above, and don't hesitate to seek professional assistance if needed. Your VA disability benefits are worth fighting for.