Decision reviews FAQs
If you disagree with a VA claim decision, you can request a decision review. Find answers to commonly asked questions about decision reviews.
Your decision review options
What are the 3 decision review options—and which is best for me?
The 3 decision review options are Supplemental Claims, Higher-Level Reviews, and Board Appeals.
Learn about choosing a decision review option
Can I choose a different review option after I’ve submitted a form?
You may be able to switch to a different option if you meet certain requirements.
Learn about switching to a different review option
What’s the deadline for requesting a decision review?
For most VA benefits, you have 1 year from the date on your decision letter to request a Higher-Level Review or a Board Appeal. Certain types of VA benefits have time limits that are less than 1 year. Your decision letter will tell you the deadline.
You can file a Supplemental Claim at any time, but we recommend that you file within 1 year from the date on your decision letter to keep your effective date.
What if I disagree with a VA decision review?
If you disagree with a decision review within 1 year, you have options to request another review. You’ll need to submit the request within 1 year from the date on your decision letter.
If you disagree with a decision review after 1 year has passed, your only option is to file a Supplemental Claim.
Learn more about the options available and how to request another review
Evidence needed for decision reviews
Can I submit new evidence with my decision review?
This depends on the decision review option you request.
You can submit new evidence with these options:
- Supplemental Claim
- Board Appeal—evidence submission type
- Board Appeal—hearing type
You can’t submit new evidence with a Higher-Level Review, or with a Board Appeal if you select the direct review type.
What type of evidence do I need for a Supplemental Claim?
You’ll need to submit or identify new and relevant evidence that you think will change our decision.
If you’re filing a Supplemental Claim for a presumptive condition now covered under a change in law (such as the PACT Act), you’ll need medical evidence that documents the diagnosis and severity of your claimed condition. You don’t need to prove that your service caused the condition. You only need to meet the service requirements for the presumption.
Learn about Supplemental Claims
VA’s duty to assist
What’s VA’s “duty to assist”?
We’re required to help you gather evidence to support your claim for VA benefits. This is called “duty to assist.”
Learn more about VA’s duty to assist
Higher-Level Reviews
What’s an informal conference?
An informal conference is a call with the higher-level reviewer for your case.
Learn about informal conferences
What if the reviewer finds an error?
This depends on what type of error they find.
Learn what happens if the reviewer finds an error
Board Appeals
What are the types of Board Appeals?
There are 3 types of Board Appeals: Direct Review, Evidence Submission, and Hearing.
What happens if I request a hearing with a Veterans Law Judge?
You can choose from 3 different ways to speak with the Veterans Law Judge.
Learn about the hearing option
Can I change my Board Appeal type after I’ve submitted a form?
You may be able to switch to a different type of Board Appeal if you meet certain requirements.
Learn about switching to a different type of Board Appeal
Legacy appeals and opting into a decision review option
What if I have an appeal in process in the legacy system?
If you’ve already appealed a decision dated before February 19, 2019, you’ll follow the legacy appeals process.
Learn about managing a legacy VA appeal
Can I have my claim reviewed under one of the new decision review options?
This depends. If you have a Statement of the Case or a Supplemental Statement of the Case that’s dated on or after February 19, 2019, and you’re within 60 days of the date on your statement, you can opt in to a decision review option.
If you opt in to the modernized review system, we’ll process the issues you identified under the decision review option you selected. We’ll no longer be able to review those issues in the legacy system.
Remands
What’s a remand?
A remand is when the Board of Veterans’ Appeals (the Board) sends an appeal back to us to gather additional evidence or take some other action.
You may receive additional letters from us asking for information. It’s important for you to respond to any requests to help us complete the appeal in a timely way.
For remands of modernized appeals (decision reviews):
If your appeal is for a claim that we decided on or after February 19, 2019, this is called a modernized appeal. For a remand of a modernized appeal, after we gather the requested information, we’ll make a final decision (your appeal doesn’t return to the Board). You’ll receive a notification about the new decision.
For remands of legacy appeals:
If your appeal is for a claim that we decided before February 19, 2019, this is called a legacy appeal. For a remand of a legacy appeal, after we gather the requested information, your appeal returns to the Board for a final decision. You’ll receive a notification about the new decision.