Receiving a VA disability denial or an underrated decision can be frustrating and discouraging. However, a denial is not the end of the road. Veterans have multiple appeal options, and choosing the right one can dramatically increase the chances of approval.
The two most commonly used appeal lanes are Higher-Level Review (HLR) and Supplemental Claims. Each serves a different purpose, and selecting the wrong option can waste valuable time or even cost you back pay.
This guide breaks down how Higher-Level Reviews and Supplemental Claims work, when to use each one, timelines to expect, and real-world examples to help you move forward with confidence.
“Most denied claims aren’t hopeless; they’re just in the wrong appeal lane,” says Brian Reese, VA disability expert.
Three VA Appeal Paths After a Denial
When the VA issues a denial or assigns a rating you believe is too low, you generally have three appeal options:
- Higher-Level Review (HLR)
- Supplemental Claim
- Board of Veterans’ Appeals
This article focuses on the two fastest and most commonly used paths: Higher-Level Review and Supplemental Claims.
Higher-Level Review (HLR)
A Higher-Level Review is a new review of your claim by a more senior VA adjudicator, based only on the evidence already in your file.
No new evidence is allowed.
“An HLR is essentially asking the VA to admit it made a mistake using the evidence it already had,” explains a VA-accredited claims agent.
Best Situations to File an HLR
HLR is best when:
- The VA ignored favorable evidence already in your record
- The VA misapplied the law or rating criteria
- You received an inadequate C&P exam
- You are not submitting new evidence
HLR is not appropriate if you have new medical records, nexus letters, or lay evidence to submit.
Higher-Level Review Process
- Submit VA Form 20-0996 (or file online at VA.gov)
- File within one year of the decision date
- A senior reviewer conducts a de novo review (fresh look)
- You may request a one-time informal conference
“That informal conference is often where strong arguments can turn a denial into an approval,” says a former VA rater.
Real-Life Example: HLR Success
Jason, a Navy veteran, was denied service connection for migraines because the VA claimed there was no diagnosis. However, his original claim already included a private DBQ clearly diagnosing migraines with severe symptoms.
Jason filed a Higher-Level Review and requested an informal conference. The reviewer acknowledged the overlooked evidence and granted a 50% VA rating for migraines.
How Long Does a Higher-Level Review Take?
- Average timeline: 6–8 months
- VA goal: 4–5 months (often not met)
Timelines vary based on workload and claim complexity.
Supplemental Claim
A Supplemental Claim allows you to submit new and relevant evidence that was not considered in the original decision.
This is the correct appeal path when your claim was denied due to missing evidence.
“If your denial says ‘no nexus’ or ‘no diagnosis,’ a Supplemental Claim is usually the right move,” explains a VA disability attorney.
What Counts as New and Relevant Evidence?
Medical Evidence
Examples include:
- Private medical records
- VA treatment records
- Nexus letters linking your condition to service
- Disability Benefits Questionnaires (DBQs)
Medical evidence is often the deciding factor in Supplemental Claims.
Lay Evidence
Lay evidence includes non-medical statements that describe your condition and service events, such as:
- Personal statements
- Buddy statements from fellow service members
- Statements from family or friends
“Lay evidence can fill gaps when service records are incomplete or silent,” says a VA medical examiner.
Supplemental Claim Process
- Submit VA Form 20-0995 (or file online)
- File within one year to preserve your effective date
- Attach all new and relevant evidence
- VA retains its duty to assist
Real-Life Example: Supplemental Claim Success
Angela, an Army veteran, was denied PTSD due to lack of verified stressor evidence. After her denial, she began treatment with a private psychologist who documented her symptoms and linked them to a traumatic deployment event. She also obtained a strong Nexus Letter.
Angela filed a Supplemental Claim with the new evidence and was granted service connection for PTSD.
How Long Does a Supplemental Claim Take?
- Average processing time (2025): ~131 days
- VA target goal: 125 days
Submitting well-organized, strong evidence can reduce delays.
Higher-Level Review vs. Supplemental Claim: Quick Comparison
| Feature | Higher-Level Review | Supplemental Claim |
|---|---|---|
| New Evidence Allowed | No | Yes |
| Reviewer | Senior VA adjudicator | Standard VA rater |
| Informal Conference | Yes (one-time) | No |
| Best For | VA errors | Missing evidence |
| Average Timeline | 6–8 months | ~4 months |
Key Considerations Before Filing an Appeal
Timeliness Matters
- Appeals must be filed within one year of the decision date
- Claims older than one year must be reopened as Supplemental Claims
Representation Can Help
VA-accredited attorneys, agents, or VSOs can help identify the strongest appeal path and avoid costly mistakes.
Evidence Quality Is Critical
Strong medical opinions, clear symptom descriptions, and accurate forms can significantly improve outcomes.
“The right appeal lane with the right evidence is often the difference between denial and approval,” says Brian Reese.
Final Thought
Both Higher-Level Reviews and Supplemental Claims are powerful tools but only when used correctly. If the VA made a legal or factual error using existing evidence, an HLR may be the fastest path to approval. If your denial was due to missing or insufficient evidence, a Supplemental Claim is usually the better option.
Understanding the difference can save months of waiting and help you secure the benefits you earned.
FAQs
Which appeal option is faster: HLR or Supplemental Claim?
Supplemental Claims are typically faster, averaging about four months.
Can I submit new evidence with a Higher-Level Review?
No. HLRs are limited to the evidence already in your file.
Can I switch appeal lanes if I choose the wrong one?
Yes. You can file a Supplemental Claim after an HLR if needed.
Do I lose back pay if I appeal?
No, as long as you file within one year of the decision.
Should I get help with my appeal?
Yes. VA appeals can be complex, and professional guidance often improves outcomes.
