Three Different Appeals Strategies
For Decisions dated 2/19/19 and after
There are three appeals options
All three appeals options have a one-year deadline.
You can file an appeal by filing a Supplemental Claim within one year of a decision VA 20-0995. Supplemental claims are for appeals where the veteran wants to submit additional evidence but does not want to go to the board and/or wants to reopen a previously denied claim. To reopen or supplement a previous claim the veteran needs new and relevant evidence.
We have a video on supplemental claims. https://www.
seankendalllaw.net/video/ supplemental-claim-reform-at- va.cfm
Higher-Level Review (HLR) – A veteran can appeal a decision by asking for HLR within one year. A higher-level VA employee for a review of a decision without accepting any evidence. To be used when the initial decision made a mistake or failed to take account of a fact or argument already in the file. Can request a phone call but no hearings.
Appealing to BVA by filing a Notice of Disagreement (NOD). This is a new definition of an old term. Use VA Form 10182. There are three options when filing an NOD.
- Direct Review: Cannot submit new evidence but can submit argument when the form is submitted.
- Evidence Submission: 90 days to submit new evidence after form is filed but cannot request a hearing.
- Hearing: can request a hearing and submit evidence up to 90 days after hearing is completed.
Choosing which lane to file an appeal in is highly complicated. Choosing the wrong lane can lead to a VA denial or unnecessarily lengthen the time you need to wait. We can help you get the VA to decide the case in your favor as soon as possible. Call us now at (303) 449-4773.