The Playbook › Step 6 of 7: Challenge a bad decision
When you disagree with a VA decision, the two fastest options are the Supplemental Claim and the Higher-Level Review. They sound similar and they are not. One is for adding evidence. The other is for pointing out a mistake. Choosing the wrong one wastes months.
The short version
- Supplemental Claim: you have new and relevant evidence. VA Form 20-0995.
- Higher-Level Review: the evidence was already enough and VA got it wrong. No new evidence allowed. VA Form 20-0996.
- Both must be filed within one year of the decision to keep your effective date.
- If one does not work, you can usually try the other.
On this page
Side by side
| Supplemental Claim | Higher-Level Review | |
|---|---|---|
| Form | VA Form 20-0995 | VA Form 20-0996 |
| New evidence | Required | Not allowed |
| Who reviews | A claims adjudicator | A more senior reviewer who was not involved before |
| Will VA help gather evidence? | Yes. The duty to assist applies. | No, but the reviewer can send the claim back if VA failed its duty earlier |
| New C&P exam? | Possibly | Only if an error is found |
| Deadline to protect your date | 1 year | 1 year |
| Can be filed later than 1 year? | Yes, with a new effective date | No |
| Conversation with the reviewer | No | Yes, an optional informal conference |
Supplemental Claim
When to use it
Use it when the denial points to something missing and you can now supply it.
What counts as new and relevant
- New means VA did not have it when it made the decision.
- Relevant means it tends to prove or disprove something at issue in the claim.
The bar is low. Good examples:
- A nexus letter answering a negative C&P opinion
- A new diagnosis
- A private DBQ showing more severe symptoms
- Buddy statements about an in-service event
- Service records VA never obtained
You do not have to hand over the evidence yourself. You can identify records, such as treatment at a VA clinic, and VA must try to get them.
Strengths and limits
It is the only quick option that lets you add to the record, and it triggers VA’s duty to help. The limit is that a rater at the same level decides it. If your new evidence does not address the real reason for denial, you will get the same answer.
Higher-Level Review
When to use it
Use it when the file already contained what was needed and the decision is wrong on its face.
- VA ignored favorable evidence, such as a private medical opinion
- VA applied the wrong rating criteria or diagnostic code
- The C&P exam was plainly inadequate and VA relied on it anyway
- The effective date overlooks an Intent to File
- The combined rating was calculated incorrectly
- VA did not get records it was told about
The informal conference
You or your representative can ask for one phone call with the reviewer. Use it. It is your chance to point to the exact page and the exact error. You can argue, but you cannot introduce new evidence. Prepare a short list: the error, where the evidence is in the file, and the rule VA should have applied.
Possible outcomes
- The decision is changed in your favor
- The decision is upheld
- The reviewer finds a duty to assist error and sends the claim back to be fixed, often with a new exam. This is a common and useful result.
How to choose
Ask one question: is there anything I can add that goes directly to the reason VA gave? If the reason is not clear, the decision letter decoder can help you find it.
- Yes. File a Supplemental Claim.
- No, VA already had it. File a Higher-Level Review.
- Both are true. Usually file the Supplemental Claim. It lets you add the evidence and the new decision will look at everything again.
Can I do both?
Not at the same time for the same issue. You can do them in sequence:
| After this decision | You can file |
|---|---|
| Initial claim | Supplemental Claim, Higher-Level Review, or Board Appeal |
| Supplemental Claim | Supplemental Claim, Higher-Level Review, or Board Appeal |
| Higher-Level Review | Supplemental Claim or Board Appeal. Not another Higher-Level Review. |
| Board decision | Supplemental Claim, or appeal to the Court of Appeals for Veterans Claims |
Common mistakes
- Filing a Higher-Level Review and attaching new evidence. It will not be considered.
- Filing a Supplemental Claim with nothing new. VA can decline to readjudicate.
- Sending evidence that misses the point. Read the reasons for denial first. See what to do after a denial.
- Skipping the informal conference.
- Missing the one-year mark.
How long they take
VA’s goal for both is around four to five months on average. Actual times vary. A Supplemental Claim that needs a new exam takes longer.
When neither is right
If you have been through both, or the disagreement is about how the law should be read, see Board Appeals.
Free printable checklist. Everything to gather before you file, what to bring to your C&P exam, and what to check in your decision, on two pages.
Last reviewed October 2026. This guide is general educational information, not legal or medical advice, and this site is not affiliated with the Department of Veterans Affairs. Rules and rates change. Confirm details on VA.gov or with an accredited representative. See our disclaimer and editorial policy.