It’s incredibly frustrating to have a VA claim denied, especially after the time and effort invested in the application. But while a denial may feel final, it’s often only the beginning of the process, with several options available for appeal.

VA claims may be denied for several reasons, including lack of evidence, ineligible discharge status, or failure to establish service connection. Luckily, under VA law, veterans have specific, time-sensitive appeal options that include higher-level reviews and the ability to send in more evidence in support of a claim. There is also the possibility of retroactive benefits if the original denial was unwarranted.

Read on to learn how to appeal denied VA disability claims, including must-know information on deadlines, eligibility, and next steps.

Why VA Disability Claims Are Denied

In most cases, a VA claim is denied due to insufficient evidence or the absence of a medical nexus letter. A nexus letter is the required medical link between a current condition and an in-service event, injury, or exposure. Without this connection, the VA cannot legally grant service connection.

Common reasons for denial include:

  • No medical nexus opinion: The VA often requires a medical opinion stating that the condition is “at least as likely as not” related to military service.
  • Incomplete or outdated evidence: Missing service treatment records, insufficient medical documentation, or a lack of supporting statements can weaken a claim.
  • Compensation and Pension examination issues: Failure to attend a C&P exam or reliance on an inaccurate examiner report frequently leads to denial.
  • Procedural or filing errors: Using the wrong form, missing required signatures, or filing after deadlines can result in automatic denial.
  • Disputed disability rating: In some cases, the VA grants service connection but assigns a rating that does not reflect the severity of the condition.

Appeal Options & Decision Review Requests for Denied VA Disability Claims

Under the Appeals Modernization Act, veterans have three primary appeal options. Each option preserves the effective date if filed within one year of the decision.

Higher-Level Review (Decision Review Request)

A Higher-Level Review involves a de novo review by a senior VA adjudicator based solely on the existing record.

  • Best suited for cases involving VA error or overlooked evidence
  • No new evidence permitted
  • Average processing time is four to five months

Supplemental Claim (Decision Review Request)

A Supplemental Claim allows the submission of new and relevant evidence that was not previously considered.

  • Appropriate when additional medical records, nexus opinions, or lay evidence are available
  • Average processing time is five to six months
  • Evidence must directly address the reason for denial

Board Appeal (Appeal Option)

A Board Appeal places the claim before a Veterans Law Judge. Veterans may choose a direct review, submit additional evidence, or request a hearing.

  • Appropriate for complex claims or repeated denials
  • Processing times vary and may exceed one year
  • Provides a formal legal review of the record

How to Appeal a Denied VA Claim

Here’s what to do when the VA denies your claim. For best outcomes, act promptly after receiving a denial decision.

    1. Review the VA decision letter carefully. Identify the stated reasons for denial and the evidence considered.
    2. Note the appeal deadline. Appeals must be filed within one year of the decision date to preserve the effective date.
  • Select the appropriate appeal option:
      • Higher-Level Review for legal or factual errors
      • Supplemental Claim when new evidence is available
      • Board Appeal for complex or contested claims
  • Gather evidence that directly addresses the denial:
      • Medical nexus opinions linking the condition to service
      • Lay or buddy statements describing in-service events or symptoms
      • Service records documenting injuries, exposures, or deployments
  • Submit the correct VA form:
  2. Retain confirmation of submission and monitor claim status through VA.gov or other official channels.

Three Ways to Establish Service Connection

If the reason for your denied VA claim is that it’s not service-connected, then you have three options for establishing service connection on appeal:

  • Direct Service Connection: Requires evidence of an in-service event, injury, or illness, a current medical diagnosis, and a medical opinion linking the condition to service.
  • Secondary Service Connection: Applies when a service-connected condition causes or aggravates another medical condition.
  • Aggravation: Applies when a pre-existing condition permanently worsens beyond its natural progression due to military service.

Should You Reopen or Appeal a Denied VA Claim?

When a VA disability claim is denied, veterans should generally pursue an appeal within one year of the decision. Filing a timely appeal preserves the original effective date and any associated retroactive benefits. Reopening and reapplying after the deadline resets the effective date and may result in a significant loss of back pay.

If a condition worsens while an appeal is pending, a veteran may also file a claim for an increased rating.

HLR vs Supplemental Claim vs Board Appeal: Which Is Best?

Claim Scenario Appeal Option Rationale
VA ignored or misapplied evidence already in the claims file Higher-Level Review A senior VA adjudicator reconsiders the claim based solely on the existing record to correct factual or legal errors.
New medical records or a medical nexus opinion are available Supplemental Claim Allows submission of new and relevant evidence that directly addresses the stated reason for denial.
The claim involves complex legal issues or has been denied multiple times Board Appeal A Veterans Law Judge conducts a formal legal review and may consider additional evidence or testimony.
The Compensation and Pension exam was missed, inadequate, or inaccurate Supplemental Claim Permits submission of private medical opinions or evidence rebutting deficiencies in the VA examination.
Veteran disagrees with the assigned disability rating percentage Any appeal option, depending on the evidence The dispute generally concerns symptom severity and functional impact rather than service connection.
The secondary condition was denied Supplemental Claim New evidence can establish a causal or aggravating relationship to an existing service-connected condition.

If there is uncertainty about which appeal option applies, a Supplemental Claim often provides the greatest flexibility when new evidence is available.

What If You Have Been Denied More Than Once?

Additional options remain available after multiple denials. Veterans may submit a Supplemental Claim with stronger medical evidence or pursue a Board Appeal. Each new VA decision triggers a new one-year appeal period.

Other Frequently Asked Questions

If a VA Claim is Denied, Can I Reopen and Reapply?

Yes. To reopen a previously denied claim under the current AMA system, you’ll file a Supplemental Claim with new and relevant evidence.

What Percentage of VA Disability Claims Are Denied?

Nearly 36% of VA disability claims were denied in 2024. The majority of denials were due to missing claim documentation, lack of service-connection, and/or technical errors.

Can You Appeal a VA Claim Denied Years Ago?

A previously denied claim may be reopened by submitting new and relevant evidence that was not considered in the earlier decision. However, reopening a claim does not preserve the original effective date, which can substantially affect retroactive compensation.

What Evidence Helps Win an Appeal?

To overturn a denial, evidence must directly address the VA’s stated reason for denying the claim. Effective evidence may include:

  • Medical nexus letters from qualified specialists who review service and medical records
  • Detailed buddy or lay statements describing in-service events or observed symptoms
  • Service treatment or personnel records confirming injuries, exposures, or deployments
  • Independent medical evaluations rebutting VA examiner findings

General or nonspecific documentation is typically less persuasive than evidence tailored to the denial rationale.

How can a Veterans Service Officer or attorney help with a denied VA claim?

A Veterans Service Officer or VA-accredited attorney can assist by reviewing the denial decision, gathering relevant medical and service records, obtaining medical nexus opinions, and ensuring that appeal filings comply with VA requirements and deadlines.

Was Your VA Claim Denied? Consult a Lawyer at No Cost

If you have received a VA disability claim denial or are unsure whether an appeal is worth pursuing, Injured Veterans offers free case evaluations for veterans nationwide. Our team reviews VA decision letters, service records, and medical evidence to help identify why a claim was denied and what options may be available.

Injured Veterans provides VA-accredited representation and focuses exclusively on veterans’ disability claims and appeals. There are no upfront costs, and fees are only collected if benefits are awarded. Call 1-866-779-9990, chat, or fill out an online contact form to schedule a free, no-obligation consultation.