The Higher-Level Review process introduced by the Veterans Appeals Improvement and Modernization Act provides veterans with an expedited option for appealing decisions made by the Department of Veterans Affairs regarding their disability claims. This process is one of three options available to veterans under the new appeals system created by the AMA. The Higher-Level Review process allows veterans to request a review of their claim by a more senior adjudicator at the VA Regional Office. The purpose is to provide a fresh look at the claim by a different reviewer who has not previously examined it.

During a Higher-Level Review, veterans cannot submit new evidence related to their claim. The review is based solely on the evidence already in the VA's possession at the time of the initial decision. This means that if a veteran believes additional evidence could strengthen their claim, they may choose to pursue a different appeals option, such as the Supplemental Claim process. The Higher-Level Review process is designed to be faster than traditional appeals options. Under the AMA, the VA is required to complete a Higher-Level Review within 125 days from the date the veteran files a Notice of Disagreement (NOD). The senior reviewer conducting the Higher-Level Review evaluates the claim based on the evidence already in the veteran's file, looking for errors in the initial decision.

Using this option, Veterans can provide new arguments to point out errors in facts or law by the VA. However, Veterans appealing through the Higher-Level Review lane are not allowed to submit any additional evidence to support their claim. This is one of the biggest disadvantages of the Higher-Level Review lane, but Veterans who wish to submit additional evidence can do so by utilizing the Supplemental Claim lane (discussed below). The review focuses on whether the initial decision was incorrect due to a clear and unmistakable error (CUE), an error in application of the law, or a misinterpretation of the evidence. After completing the Higher-Level Review, the VA will issue a new decision on the claim. This decision could uphold the original decision, reverse it in favor of the veteran, or send the claim back for additional development if further evidence is needed.

When to use the Higher-Level Review:

• If you believe the original decision contained a clear and unmistakable error in law or fact. This means the error is obvious and readily apparent from the claim file.

• If you disagree with the legal interpretation applied to your case, but don't have new evidence.

• If you believe the original decision did not fully consider all relevant legal and regulatory requirements.

What to know about the Higher-Level Review:

• Unlike the Supplemental Claim, you cannot submit new evidence in this lane. The review is based solely on the information already in your claim file.

• The Higher-Level Review is conducted by a more senior adjudicator who has the authority to overturn the original decision based on the criteria mentioned above.

• The process is generally faster than appealing to the Board of Veterans' Appeals (BVA), but slower than a Supplemental Claim.

• You cannot argue for a different disability rating or diagnosis in this lane. The review focuses on legal and procedural errors, not the merits of your disability claim.

Resources:

VA Appeals Modernization: https://benefits.va.gov/benefits/appeals.asp

VA Decision Reviews and Appeals: https://www.va.gov/decision-reviews/

VA Appeals Modernization fact sheet: https://benefits.va.gov/benefits/appeals.asp

KnowVA: https://www.ebenefits.va.gov/

National Organization for Veterans' Advocates (NOVA): https://www.vetadvocates.org/cpages/home

Another option that Veterans can use to appeal the VA’s decision is the Supplemental Claim lane. This is perhaps the most common VA appeal lane. The Supplemental Claim lane allows veterans to present new and relevant evidence that wasn't considered in the original decision. You cannot use the Supplemental Claim to challenge the legal basis of the original decision. This is for presenting new evidence, not arguments. You can submit a Supplemental Claim anytime after the initial decision, even if you've previously appealed through other lanes. The process is generally faster than other appeal lanes.

When to use the Supplemental Claim:

• If you have new evidence that supports your claim and wasn't available before. This could include medical records, witness statements, service records, or anything else relevant to your claim.

• If you believe essential information was missing from your original claim that could change the decision.

• If you want to clarify an existing claim with additional details or explanations.

Resources:

VA Appeals Modernization: https://benefits.va.gov/benefits/appeals.asp

VA Decision Reviews and Appeals: https://www.va.gov/decision-reviews/

VA Appeals Modernization fact sheet: https://benefits.va.gov/benefits/appeals.asp

KnowVA: https://www.ebenefits.va.gov/

National Organization for Veterans' Advocates (NOVA): https://www.vetadvocates.org/cpages/home

Veterans can also appeal to the Board of Veterans Appeals (BVA). To appeal in this lane, a Veteran must appeal directly to the Board with a notice of disagreement (NOD). The VA cannot assist you in developing additional evidence if you choose this lane. When appealing to the BVA, however, there are multiple different appeal options to choose from. Veterans can request:

A Direct Review: Veterans should choose this BVA appeal option if they do not want to submit any additional evidence or request a hearing. These decisions take approximately 365 days.

Evidence Submission: Veterans should choose this BVA appeal option if they would like to submit additional evidence in support of the claim. Veterans have 90 days from filing the NOD to submit supporting evidence. These appeals take over a year on average for a decision to be made.

A Hearing: Veterans should choose this BVA appeal option if want to supply the VA with additional evidence and testify in front of a Veterans Law Judge. You must submit evidence at the hearing or within 90 days of the hearing when appealing this way. It takes more than a year on average for a decision to be made on this type of appeal.

The Board of Veterans Appeals is the final stop in the VA's administrative appeals process under the Veterans Appeals Improvement and Modernization Act. This lane offers veterans the most comprehensive review of their case, involving both existing and new evidence, along with potential hearings. Here's what you need to know:

When to Appeal to the BVA:

• If you have exhausted all other review options (Supplemental Claim, Higher-Level Review) without a satisfactory outcome.

• If you disagree with the factual findings of the original decision and have relevant evidence to support your claim.

• If you believe the original decision applied the law incorrectly to your case and have legal arguments to present.

• If you want to present new and relevant evidence not previously considered by the VA.

• If you want to request a hearing before a Veterans Law Judge (VLJ) to present your case in person.

What to know about the BVA Appeal:

• You can submit new evidence along with your appeal to support your claim.

• The BVA review process is more complex and time-consuming than other lanes.

• You have the option to request a hearing before a VLJ, where you can present your case in person and answer questions.

• You can be represented by an accredited attorney throughout the BVA process.

Important Note:

The BVA does not automatically grant hearings. They will assess your request based on several factors, including the complexity of your case and the new evidence presented.

Resources:

Board of Veterans' Appeals: https://www.bva.va.gov/

VA Appeals Modernization: https://benefits.va.gov/benefits/appeals.asp

VA Decision Reviews and Appeals: https://www.va.gov/decision-reviews/

VA Appeals Modernization fact sheet: https://benefits.va.gov/benefits/appeals.asp

National Organization for Veterans' Advocates (NOVA): https://www.vetadvocates.org/cpages/home

The U.S. Court of Appeals for Veterans Claims (CAVC) is the final judicial stop for challenging decisions made by the Department of Veterans Affairs, specifically final decisions from the Board of Veterans' Appeals. The CAVC is a national court in Washington D.C. that hears appeals by Veterans who were not satisfied with the BVA’s decision. The CAVC hears cases related to disability benefits, survivor benefits, education benefits, and reimbursement for unauthorized medical payments. When appealing to the CAVC, Veterans should understand that they only review your existing claim file in most cases. A judge or panel of judges will review the claim before making a decision. They also may request oral arguments, but this is less common.

Decisions at the CAVC can:

• Interpret Constitutional, statutory, and regulatory provisions of cases decided by the BVA.

• Determine the meaning or application of the BVA’s decision.

• Require the VA to follow the CAVC’s ruling.

Upon reviewing the case, the CAVC will either affirm the BVA’s decision or send the claim back to the BVA to correct its decision. When the claim is sent back to the BVA, this means the claim was remanded. Veterans wishing to appeal to the CAVC have 120 days from the BVA’s decision to file an appeal. They must also identify their attorney unless they choose to appeal the decision pro se (on their own). However, if a Veteran appeals their decision pro se, they must follow all the court’s rules and procedures. It's important to note that you cannot directly appeal to the CAVC from other VA decisions or review lanes. Here's what you need to understand about appealing to the CAVC:

When to Appeal to the CAVC:

• If you have exhausted all administrative remedies within the VA, meaning you've gone through the Supplemental Claim, Higher-Level Review, and BVA appeal lanes and are still dissatisfied with the outcome.

• If you believe the BVA decision contained legal errors, meaning it misapplied the law or made incorrect legal interpretations relevant to your case.

• If you believe the BVA committed procedural errors, meaning it failed to follow its own rules or regulations during the review process.

• You cannot appeal to the CAVC based on factual disagreements or to request a new disability rating or diagnosis.

Important Notes:

• There are strict time limits for filing an appeal with the CAVC. You generally have 120 days from the date you receive the BVA decision to file your Notice of Appeal.

• Filing an appeal to the CAVC requires legal expertise. Consider seeking representation from an accredited attorney or veterans service organization (VSO) familiar with CAVC rules and procedures.

• The CAVC process can be lengthy and complex. Be prepared to wait several months, potentially up to a year or more, for a decision.

Resources:

U.S. Court of Appeals for Veterans Claims: https://m.uscourts.cavc.gov/

National Organization for Veterans' Advocates (NOVA): https://www.vetadvocates.org/cpages/home

American Bar Association Section of Veterans' Affairs Law: https://www.americanbar.org/groups/legal_services/milvets/

VA Decision Reviews and Appeals: https://www.va.gov/decision-reviews/