When the VA denies your disability benefits claim, you have the right to appeal that decision. However, the VA offers veterans several avenues to appeal a denied disability claim, including filing a supplemental claim or requesting higher-level review. But how do you decide between pursuing a supplemental claim or higher-level review? Following the denial of your VA benefits claim, you should understand the appeal options so you can pursue the most effective strategy for your case.
The VA Appeals Process
After an initial denial of a VA disability benefits claim, a veteran has three avenues in the VA’s administrative appeals process to contest that denial:
- Supplemental Claim
- Higher-Level Review
- Appeal to the Board of Veterans’ Appeals
Veterans have one year from the date of the initial decision on their disability claim to pursue the appeals process. As a result, choosing between the different avenues can affect the timeline and outcome of an administrative appeal in a VA disability claim.
What Is a Supplemental Claim?
In a Supplemental Claim, a veteran asks the VA to reopen their claim to present new, relevant information or documentation. Veterans may use Supplemental Claims to submit new medical records, nexus letters, buddy statements, or military service records to the VA. A veteran might pursue a Supplemental Claim if they previously could not obtain certain documents (such as service records), when their condition has worsened (as documented by medical records), or when they obtain new or additional medical expert opinions.
What Is Higher-Level Review?
In Higher-Level Review, a more senior VA claims reviewer conducts a new review of the claim file. A veteran may not submit new documents or information during Higher-Level Review, as the new reviewer must assess the claim based on the existing record. Veterans may seek Higher-Level Review in circumstances such as:
- The initial claim reviewer made a clear factual or legal error
- The initial reviewer misinterpreted the evidence
- The initial decision resulted from an incorrect application of VA regulations
Key Differences Between Supplemental Claims and Higher-Level Review
Some of the primary distinctions between Supplemental Claims and Higher-Level Review in the VA administrative appeals process include:
- New evidence: Supplemental Claims require veterans to submit new evidence, whereas Higher-Level Review does not permit a veteran to submit new evidence.
- Type of review: A Supplemental Claim involves reassessing a veteran’s claim with new evidence, whereas Higher-Level Review reevaluates the claim based on the existing record.
- Duty to assist: In a Supplemental Claim, the VA’s duty to assist with evidence gathering may still apply, whereas the duty does not apply in Higher-Level Review because veterans cannot submit new evidence.
Which Options Should You Choose?
Choosing between a Supplemental Claim and Higher-Level Review typically depends on whether you have new information or documents that you want to submit to the VA. When you have new evidence that may bolster your disability benefits claim, you will need to file a Supplemental Claim, which allows you to present new evidence. Conversely, if the initial claims reviewer made a clear error in evaluating the evidence presented in your initial claim or if the reviewer misapplied federal law and VA regulations, you may request Higher-Level Review to have a more senior reviewer evaluate your case.
Contact Our VA Disability Attorneys to Appeal a Denied Benefits Claim
After the VA denies your disability benefits claim after an initial review, pursuing a Supplemental Claim or Higher-Level Review can help you secure an approval and obtain the financial benefits you need and deserve. Contact Coskrey Law today for a free, no-obligation consultation with our VA disability lawyers to learn more about supplemental claims and higher-level review in the VA administrative appeal process to determine which option you should pursue when you need to challenge the denial of your disability benefits claim.