VA APPEALS GUIDE

How to Appeal a Denied or Under-Rated VA Decision

If the VA denied your claim or gave you a rating you don't agree with, you have three modern appeal lanes — plus a separate path to fix undeniable errors on old decisions. We file and argue the right one for you.

Reviewed by Blake Leitch, VA-accredited claims agent #60720Last updated August 23, 2026

The way veterans appeal VA decisions changed on February 19, 2019, when the Appeals Modernization Act (AMA) took effect. Instead of one long, slow appeal, you now choose between three review lanes — and each one is built for a different situation. A fourth path, Clear and Unmistakable Error (CUE), exists outside the AMA system for fixing undeniable errors on older decisions.

The three AMA review lanes

Every appeal starts from a decision letter you disagree with. You generally have one year from the date of the decision to choose a lane and file. Here's how they compare:

LaneBest forNew evidence?Deadline
Higher-Level ReviewThe VA got the law or the evidence wrong — no new evidence neededNot allowed1 year
Supplemental ClaimYou have new evidence that supports your caseRequired (new & relevant)1 year
Board AppealYou want a Veterans Law Judge to decide, or want a hearingOptional1 year
CUEAn undeniable error on an old, final decisionNot the basisNo time limit

How to choose the right lane

  • Choose Higher-Level Review if the VA already had everything it needed and still got it wrong — for example, it ignored evidence in your file or misapplied the rating schedule. It's the fastest lane.
  • Choose a Supplemental Claim if you have new evidence — a new medical record, a nexus letter, a buddy statement — that wasn't in the original decision. The VA has a duty to assist you in gathering it.
  • Choose a Board Appeal if you want a judge to review your case, especially if you want to submit additional evidence or testify at a hearing.
  • Choose CUE only when the VA made an undeniable error — not just a disagreement about judgment — on a decision that's already final. CUE has no time limit and can recover retroactive pay back to the original decision.
One year matters. Filing within one year of your decision preserves your original effective date — and your back pay. Miss the window and you can still appeal, but your benefits may only run from the new filing date. We track this deadline for every client.

Explore each lane

What we do for you

You don't have to pick a lane alone. We read your decision letter, identify why the VA got it wrong, gather the right evidence, and file the appeal in the lane that gives you the best shot — then represent you through every VA request until a decision is issued.

We can file your appeal for you

You don't have to navigate the VA alone. As your accredited claims agent, we pick the right review lane, build the evidence, and argue your case — start to finish.

Appeal Your Decision

This page is educational information, not legal advice. VA rules and deadlines change — always confirm details with the official source (38 CFR, M21-1) or your accredited claims agent. Borne Accredited Claims is an accredited VA claims agent under 38 CFR §14.629 and is not part of, or endorsed by, the Department of Veterans Affairs. We do not guarantee any specific outcome.