In 2019, Congress passed the Appeals Modernization Act (AMA). The goal was to simplify the VA appeals process and make it more accessible to veterans. The jury is still out on whether the new process is better or worse for veterans, but it’s what we have.
There are three main types of appeals—also called “lanes.” Each has its own procedures, timelines, and best-use scenarios. This blog post breaks down the differences between these appeal options to help you choose the right one for your situation.
The Three VA Appeals Options under AMA
Under the AMA system, veterans can choose from the following three appeal lanes after receiving a decision from the Veterans Benefits Administration (VBA):
- Higher-Level Review
- Supplemental Claim
- Board of Veterans’ Appeals (BVA) Appeal
Let’s take a closer look at each one.
1. Higher-Level Review
What is it?
A Higher-Level Review is a request for a more senior VA adjudicator to re-examine your claim based on the evidence already in the file at the time of the original decision. This means you cannot submit new evidence with this type of appeal.
Best for:
- Claims where you believe the VA made a clear error in how it interpreted the law or the facts.
- You’re not introducing new evidence, but believe the previous reviewer got it wrong.
Timeframe:
VA aims to complete Higher-Level Reviews within 125 days.
Special Features:
- You can request an optional informal conference with the higher-level reviewer to explain why you believe the decision was wrong.
- If the reviewer finds a duty-to-assist error, they may send it back to the regional office for correction.
Two important notes about HLRs: First, depending on the type of case, HLRs often result in what’s called a Duty-to-Assist error, where the claim isn’t granted or denied. Instead, they send it back to the supplemental claim lane, usually for a new exam. Once you get the duty-to-assist error decision, you’re now able to submit new evidence.
Second, there is currently a program called the Claim Accuracy Request, which is a special type of HLR that can only be submitted by an accredited representative. The idea is, if there is an obvious legal or evidentiary problem in a decision, the representative can file the appeal within 30 days and get a quick decision back. I’ve been seeing CARs come back with a decision within 7 to 10 days in most cases. CARs are only processed at the Seattle VA Regional Office, and on the whole they tend to be more accurate decisions.
2. Supplemental Claim
What is it?
A Supplemental Claim allows you to submit new and relevant evidence that was not part of the original decision.
Best for:
- You have new medical records, private physician statements, buddy letters, or service records that support your claim.
- Your initial claim lacked critical evidence or was denied due to missing information.
Timeframe:
The VA also aims to complete Supplemental Claims within 125 days.
What counts as “new and relevant”?
- “New” means the evidence was not previously submitted to VA.
- “Relevant” means the evidence must relate to why the claim was denied.
Tip:
You can file a Supplemental Claim after any type of decision—including after a Board decision—as long as you submit new and relevant evidence.
3. Board of Veterans’ Appeals (BVA) Appeal
What is it?
A BVA Appeal involves sending your claim to a Veterans Law Judge at the Board of Veterans’ Appeals in Washington, D.C. You can choose from three options based on how much evidence and interaction you want.
Options within the BVA Appeal:
- Direct Review: No new evidence, no hearing. Judge reviews the existing record. Currently, direct docket decisions are coming back in around a year to 18 months.
- Evidence Submission: You have 90 days after filing to submit new evidence. Evidence docket decisions are currently taking up to three years.
- Hearing: You can request a hearing before a Veterans Law Judge, and you have 90 days after the hearing to submit additional evidence. I don’t typically request hearings, for two reasons. First, the judge who holds the hearing isn’t the judge who will make the decision. That means the decision maker will simply be reading the transcript. Second, hearing lane decisions are taking as long as five years.
Best for:
- You want a judge to review your case.
- You have strong legal arguments or complex issues.
- You want to submit new evidence or provide oral testimony.
Timeframe:
BVA appeals generally take longer, usually a year or more depending on the docket. Direct Reviews are the fastest of the three options at the Board.
Key Differences at a Glance
| Feature | Higher-Level Review | Supplemental Claim | BVA Appeal |
| New Evidence Allowed? | ❌ No | ✅ Yes | ✅ Yes (depends on option) |
| Reviewer | Senior VA adjudicator | Same-level VA reviewer | Veterans Law Judge |
| Hearing Available? | Informal conference | ✅ Yes but you have to specifically request the hearing | ✅ Yes (optional) |
| Ideal For | Clear VA errors | New evidence found | Legal errors, complex cases |
| Time to Decision | ~125 days | ~125 days | Varies: 1–5+ years |
Which Path Should You Choose?
Choosing the right appeal option depends on your case. Here are some general tips:
- If you have new evidence (like new medical opinions or service records): Go with a Supplemental Claim.
- If you think the VA got it wrong but you have no new evidence: Try a Higher-Level Review.
- If you want a judge involved or feel your case is legally complex: Consider a BVA Appeal.
Also remember: you can move between lanes. For example, if a Higher-Level Review is denied, you can then file a Supplemental Claim or go to the BVA. There’s no one-size-fits-all path, and many veterans use a combination of appeals over time. The important thing is to make sure you file any new appeal within the deadlines required by the law. Unless you are going to the Court of Appeals for Veterans Claims, that deadline is one year after the last decision.
Final Thoughts
The Appeals Modernization Act has made the VA appeals process more flexible and faster in many cases. Understanding the key differences between Higher-Level Review, Supplemental Claim, and BVA Appeal can help you take control of your claim and choose the path that gives you the best chance of success.
If you’re unsure which lane is right for you, it may be helpful to speak with a VA-accredited representative, VSO, or attorney. They can help you build your case and navigate the complexities of the VA system.
The bottom line: don’t give up. If you believe your VA decision was wrong, the appeals system offers several avenues to make it right.
