VA Claim Denied: What to Do Next
By BilateralFactor Editorial Team · Published June 9, 2026
Read the decision letter before you do anything else
Your decision letter contains the specific reason VA denied your claim or assigned the rating it did. That reason determines which review lane fits. Skipping the letter and filing the first form you find wastes months.
Three parts of the letter matter most.
The rating narrative. This section describes each claimed condition and what VA decided: service connected or not, and at what percentage. Read every condition separately. A letter that says “denied” at the top may still award service connection at 0% for some conditions.
The evidence list. VA is required to state which evidence it considered. If a record you submitted is missing from the list, that is a due-process issue worth noting. If you have records that were never in front of VA at all, that points toward a Supplemental Claim.
The reason codes. The letter explains why each decision was made. The two most common outcomes require different responses:
- “Not service connected” means VA found no qualifying link between the condition and your military service. The fix is a nexus argument: either new evidence that establishes the link (Supplemental Claim) or a showing that VA misapplied the presumptive or nexus rules on the existing record (Higher-Level Review).
- “0% (non-compensable)” means VA granted service connection but found the condition insufficiently severe for compensation. This is a rating-criteria argument. If the examiner’s notes clearly support a higher rating under the diagnostic code, that can be addressed on the existing record via Higher-Level Review. If you have newer medical records showing greater severity, a Supplemental Claim fits better.
- “Lower than expected rating” means VA rated the condition but you believe the percentage is wrong. Check the letter’s math first (more on that below), then decide whether the error is a factual misreading of the record or a missing calculation step.
The three AMA lanes: a comparison
Under the Appeals Modernization Act, VA offers three review paths. Each serves a different failure mode.
| Supplemental Claim | Higher-Level Review | Board Appeal | |
|---|---|---|---|
| Form | VA Form 20-0995 | VA Form 20-0996 | VA Form 10182 |
| Deadline | No statutory deadline (file within 1 year to preserve effective date) | 1 year from decision | 1 year from decision |
| New evidence allowed? | Yes (new and relevant evidence required) | No | Depends on docket type |
| Who reviews | Claims adjudicator with duty to assist | Senior adjudicator, same record | Veterans Law Judge |
| Informal conference? | No | Optional | No (hearing option instead) |
| Typical fit | Missing records, new nexus opinion, updated medical evidence | Calculation error, misapplied rating criteria, duty-to-assist failure | Need a judge’s ruling, want a hearing, prior lanes failed |
Sources: VA.gov supplemental claim, higher-level review, board appeal.
Choosing a lane by failure mode
Missing evidence points to a Supplemental Claim. VA Form 20-0995 requires new and relevant evidence: information VA has not previously considered that proves or disproves something in your claim. A private nexus opinion from a treating physician, buddy statements that were not in the original file, updated VA treatment records, or newly obtained service personnel records all qualify. VA’s duty to assist applies in this lane: VA can help you gather records from federal facilities if you provide the facility name and dates of treatment.
A clear error on the same record points to a Higher-Level Review. VA Form 20-0996 sends your case to a senior adjudicator who reviews only the record as it existed at the prior decision. You cannot submit new evidence. The optional informal conference lets you call the reviewer and point out specifically where the error occurred. It is a focused conversation, not a hearing. This lane fits when VA applied the wrong diagnostic code, missed a combined-ratings step, ignored evidence that was already in the file, or failed in its duty to assist.
A judge or hearing points to a Board Appeal. VA Form 10182 takes your case to a Veterans Law Judge at the Board of Veterans’ Appeals. Three docket options exist: direct review of the existing record (target: 1 year), evidence submission (target: 1.5 years), and a formal hearing (target: 2 years). Board wait times are longer than the other lanes, but the Board is the only lane where a Veterans Law Judge, rather than an adjudicator, issues the decision.
The math angle: when “denial” is a calculation error
A denial is sometimes not a merits decision at all. It is arithmetic.
VA’s combined-ratings formula (38 CFR §4.25) works on a “whole person” efficiency basis, not simple addition. The bilateral factor under §4.26 adds 10% of the bilateral combined value before folding those conditions into the rest. If VA missed the bilateral step, the combined rating can be understated by several percentage points.
Here is a worked example. Suppose a veteran has two service-connected knee conditions: left knee at 30% and right knee at 20%. The letter shows a combined rating of 40%.
Check the math:
- Combine the bilateral pair (§4.25): 30 + (20 × 70/100) = 30 + 14 = 44%.
- Apply the bilateral factor (§4.26): 44 + (44 ÷ 10) = 44 + 4.4 = 48.4%, rounded to 48%.
- Convert to final rating (§4.25(a)): 48% rounds to 50%.
The correct combined rating is 50%, not 40%. That is a 10-percentage-point error driven entirely by the omission of §4.26. The fix is a Higher-Level Review for a calculation error on the existing record. No new evidence is needed, because the error is in the math, not in the facts.
You can verify this yourself using the combined ratings calculator and the bilateral factor tool. Enter your individual ratings, mark which qualify as bilateral, and compare the result against your letter. If the numbers differ, that discrepancy is the basis for the HLR.
This scenario is illustrative. Your letter’s specific conditions and ratings govern the actual math.
Free help: accredited representatives
VA accredits three types of representatives: Veterans Service Organizations (VSOs), claims agents, and attorneys. VSOs charge nothing for claims assistance. Claims agents and attorneys may charge fees, which are regulated by VA.
The OGC accreditation search at va.gov/ogc/apps/accreditation lists every accredited representative by name, organization, state, and accreditation type. Major VSOs (the DAV, VFW, American Legion, and VVA) have service officers in most states who can review your decision letter at no cost.
What happens to your effective date
Winning on review generally preserves the effective date of the original claim, not the date of the review decision. That means back pay runs from the original effective date, not from the date the review was filed. For detail on how effective dates drive the retroactive payment amount, see VA disability back pay.
Next steps
Once you have identified your failure mode, the lane comparison above should point to one form. For a deeper comparison of the Supplemental Claim and Higher-Level Review, including what each lane does when you lose, see Higher-Level Review vs. Supplemental Claim.
If you are still in the original claim process and have not yet received a decision, VA Disability Claim Process: Timeline and Steps describes what happens at each stage and what to expect from your decision letter.
For condition-specific rating information relevant to common bilateral conditions, see /conditions/knee/.
This page describes VA process information. It is not legal advice. See our disclaimer.
Frequently asked questions
How long do I have to appeal a VA decision?
For a Higher-Level Review or Board Appeal, you generally have 1 year from the date of the decision. A Supplemental Claim has no statutory deadline, but filing within 1 year of the decision preserves the effective date of the original claim for any increased rating.
Can I file more than one lane at the same time?
You cannot file a Higher-Level Review and a Supplemental Claim on the exact same issue simultaneously. After you receive a decision on one lane, you can move to another. If you lose a Higher-Level Review, you can then file a Supplemental Claim with new evidence or take the case to the Board.
Does a math error in my rating letter count as a legal error?
Yes. Errors in the combined-ratings calculation under 38 CFR §4.25 or in the bilateral factor under §4.26 are errors on the existing record. The right lane for a calculation error is a Higher-Level Review, not a Supplemental Claim.
What is 'not service connected' versus a 0% rating?
'Not service connected' means VA determined the condition is not related to your service; you received no rating at all. A 0% rating means VA found service connection but determined the condition is not severe enough to be compensable. The response differs: a denial of service connection requires a nexus argument (typically new evidence via Supplemental Claim or a nexus opinion), while a 0% rating is a severity argument that may be addressed on the same record if the letter misread the criteria.
Do I need an attorney or VSO to file a review?
No. You can file any review lane directly with VA using the forms listed on VA.gov. Accredited VSOs provide free assistance and can review your decision letter with you. You can find accredited representatives through VA's OGC search at https://www.va.gov/ogc/apps/accreditation/index.asp.
Sources
- VA decision reviews and appeals — VA.gov, retrieved 2026-06-09
- Supplemental Claim — VA.gov, retrieved 2026-06-09
- Higher-Level Review — VA.gov, retrieved 2026-06-09
- Board Appeal — VA.gov, retrieved 2026-06-09
- VA disability effective dates — VA.gov, retrieved 2026-06-09
This article is informational only and is not legal advice. See our editorial policy.