veterans
Denied by the VA? A Denial Is a Starting Point, Not a Verdict.
Under the Appeals Modernization Act you have three review lanes and, usually, one year to choose. Picking the right lane — with the right evidence — is what an accredited attorney is for.
The VA denies and underrates claims every day — not because veterans don't qualify, but because files are incomplete, exams are rushed, and raters make mistakes. Federal law gives you a structured way to fight back. Since 2019, that structure is the Appeals Modernization Act (AMA): three lanes, real deadlines, and rules that reward veterans who act deliberately.
Patrick Nolan is a VA-accredited attorney and a veteran. Appeals are where legal training earns its keep — this stage is about regulations, evidence standards, and the errors buried in your claims file.
The Three AMA Lanes
Higher-Level Review
A senior adjudicator re-decides your claim on the existing record (VA Form 20-0996). No new evidence allowed. The right lane when the VA got the law wrong or overlooked evidence already in the file — including duty-to-assist errors that force a do-over.
Supplemental Claim
You add new and relevant evidence (VA Form 20-0995) — a nexus opinion, buddy statements, private records. The right lane when the record was thin. Filed within a year of the decision, it keeps your claim continuously pending and protects the effective date.
Board Appeal
A Notice of Disagreement (VA Form 10182) sends your case to a Veterans Law Judge, on one of three dockets: direct review, evidence, or hearing. Slower, but a judge — not a rater — decides, and Board wins can be substantial.
Lose at the Board? The fight isn't over: you have 120 days to appeal to the U.S. Court of Appeals for Veterans Claims (CAVC), where the government's own lawyers frequently agree to send flawed decisions back.
Get a free read on your denial
Bring us the decision letter. We'll tell you — honestly, and for free — whether the VA made an error worth fighting, and which lane gives you the best shot.
Book a Free ConsultationChoosing the Lane Is Strategy, Not Paperwork
The lanes aren't interchangeable, and the choice is rarely obvious:
- Wrong facts in the decision, right facts in the file? Higher-Level Review.
- The file is missing the medical link? Supplemental Claim — after we've obtained the opinion that actually fills the gap, not before.
- The issue is genuinely legal — rating criteria, effective-date law, benefit of the doubt? Often the Board, where a judge must engage with legal argument.
You can also move between lanes: an unfavorable Higher-Level Review can be followed by a Supplemental Claim or a Board appeal, and so on — each move made within the deadline keeps the chain (and the effective date) intact. Managing that chain is exactly the kind of thing that goes wrong without representation.
What Fee Rules Mean for You
Federal law (38 U.S.C. § 5904; 38 C.F.R. § 14.636) draws a bright line: accredited representatives generally cannot charge for helping with an initial claim, and may charge only for services after the VA issues an initial decision — the appeals and review stage. Our fees at this stage are typically contingent: a percentage of past-due benefits if we win, nothing if we don't. No retainers, no hourly bills, and the agreement is filed with the VA as the rules require.
Start With the File
Every good appeal starts the same way: we obtain and read your VA claims file — the C-file — line by line. That's where the missed diagnoses, botched exams, and ignored evidence live. Then we build the argument the first decision never had to answer.
Denied on a claim you haven't filed yet? Start with VA disability claims. Fighting for a parent who needs care support? See Aid & Attendance.
Frequently Asked Questions
How long do I have to appeal a VA decision?
Generally one year from the date on the decision notice to file a Higher-Level Review, Supplemental Claim, or Board appeal while keeping your claim continuously pending — which protects your effective date and your back pay. After a Board decision, you have 120 days to appeal to the U.S. Court of Appeals for Veterans Claims.
What's the difference between a Higher-Level Review and a Supplemental Claim?
A Higher-Level Review asks a more senior VA adjudicator to re-decide the claim on the same evidence — no new evidence allowed — and is best when the VA misapplied the law or missed what's already in the file. A Supplemental Claim adds new and relevant evidence, and is the right lane when the record itself needs strengthening, such as with a new medical opinion.
What happens at the Board of Veterans' Appeals?
A Veterans Law Judge decides your case. You choose one of three dockets — direct review on the existing record, an evidence docket allowing new evidence, or a hearing docket with a (usually virtual) hearing plus new evidence. Board appeals take longer but put your case in front of a judge who must explain the decision.
I missed the one-year deadline. Am I out of luck?
Usually not entirely. You can generally file a Supplemental Claim with new and relevant evidence at any time — you may lose the earlier effective date, but not the claim itself. In limited cases, clear and unmistakable error (CUE) motions can attack old final decisions. Bring the decision in and let's see what's salvageable.
How do attorney fees work on appeal?
This is the stage where federal law typically permits accredited attorneys to charge fees — generally only for services after the VA has issued an initial decision on the claim. Fees are usually contingent, a percentage of the past-due benefits awarded, so you don't pay unless the appeal produces back pay. We explain the fee agreement in plain English before anything is signed.
Should I just refile a new claim instead of appealing?
Almost never without advice. Refiling can surrender your original effective date — potentially years of back pay. The review lanes exist so you can fight the decision while keeping the original claim date. Don't leave money on the table by starting over.