If a claim has been denied, it cannot be refiled using the VA Form 21-526EZ through the VA.gov online platform. In such instances, the VA will reject the new submission since the issue has already been adjudicated. At the bottom of the decision letter, three options are typically listed: request a Higher-Level Review, file a Supplemental Claim, or appeal to the Board of Veterans’ Appeals (BVA).

Choosing the Correct Appeal Path

Understanding the decision letter is essential. It informs the next course of action. If the decision shows that the claim has all necessary medical evidence — such as diagnosis, symptoms, and nexus — but that evidence was overlooked or improperly evaluated (e.g., a private doctor’s DBQ was disregarded), a Higher-Level Review may be the appropriate next step. This route does not allow for the submission of new evidence but provides an opportunity for a senior reviewer to reassess the existing documentation.

In contrast, if the decision letter reveals that key components of medical evidence are missing (for example, no clear diagnosis, symptoms, or a medical nexus), then a Supplemental Claim should be considered. This allows the claimant to provide new and relevant evidence to support the claim.

For more complex cases or when legal representation is preferred, veterans may choose to appeal to the Board of Veterans’ Appeals. A reputable VA Claims law firm can assist in navigating this process.

The Appellate Landscape Explained

The VA claims process begins at the local VA Regional Office (VARO). If denied, the next options include a Higher-Level Review or a Supplemental Claim. Above these options is the Board of Veterans’ Appeals, followed by the U.S. Court of Appeals for Veterans Claims, the U.S. Court of Appeals for the Federal Circuit, and ultimately, the U.S. Supreme Court.

The initial claim or an intent to file establishes the effective date. After receiving a decision, the next step is to assess whether a Higher-Level Review or a Supplemental Claim is most appropriate. A Higher-Level Review must use the same evidence; no new evidence can be introduced. If additional evidence is needed, such as a new diagnosis or medical opinion, then filing a Supplemental Claim is recommended.

While an appeal to the Board of Veterans’ Appeals is available, it can lead to long wait times, often extending for years due to backlog. Many veterans are able to resolve their cases more efficiently by pursuing either a Higher-Level Review or a Supplemental Claim.

Tips for Moving Forward

• Read and understand the VA decision letter carefully.
• Determine whether new evidence is needed.
• Preserve the effective date by selecting one of the valid appeal options.
• Act promptly to avoid delays and protect benefits.

Some veterans seek further guidance by enrolling in private educational programs or consulting with professionals to better understand VA claims procedures and strategies. Many find success through informed navigation of the available appeal options.

Understanding the Appeals Modernization Act (AMA)

The AMA introduced multiple lanes for appeal, including:

• Higher-Level Review: A senior reviewer examines the same evidence for errors or oversights.
• Supplemental Claim: New and relevant evidence is submitted.
• Board of Veterans’ Appeals: Three options exist within the BVA path, but often involve long wait times.

Claimants can track the status of their appeals at VA’s appeal status tracker. However, many aim to avoid the delays of BVA by resolving their issues at earlier stages.