ONE-YEAR DEADLINE
You have one year from the date of your rating decision to file any decision review and preserve your effective date. After one year, your effective date resets to the date of your new filing. This deadline applies to all three lanes under 38 C.F.R. § 3.2500.
The Three AMA Decision Review Lanes
LANE 1: SUPPLEMENTAL CLAIM
Form: VA Form 20-0995
New evidence: Required (must be "new and relevant")
Who decides: Same regional office (different rater)
C&P exam: VA may order one
Avg timeline: ~125 days (2026)
Best when: You have new evidence the VA has not seen
New evidence: Required (must be "new and relevant")
Who decides: Same regional office (different rater)
C&P exam: VA may order one
Avg timeline: ~125 days (2026)
Best when: You have new evidence the VA has not seen
A Supplemental Claim is the most common and most flexible option. You must submit or identify new and relevant evidence that was not in the file at the time of the prior decision. This can include: new medical records, a private medical opinion (nexus letter), buddy/lay statements, updated treatment records, or identification of federal records the VA failed to obtain. The VA has a duty to assist in obtaining evidence identified in a Supplemental Claim under 38 C.F.R. § 3.2501.
LANE 2: HIGHER-LEVEL REVIEW (HLR)
Form: VA Form 20-0996
New evidence: Not allowed
Who decides: Senior reviewer at the same regional office
Informal conference: Optional (you can request one)
Avg timeline: ~125 days (2026)
Best when: The VA made an error with existing evidence
New evidence: Not allowed
Who decides: Senior reviewer at the same regional office
Informal conference: Optional (you can request one)
Avg timeline: ~125 days (2026)
Best when: The VA made an error with existing evidence
An HLR asks a more experienced rater to review the same evidence for errors. You cannot submit new evidence, but you can request an informal conference call where you or your representative can point out specific errors in the prior decision. Common errors include: failure to apply the benefit of the doubt under 38 U.S.C. § 5107(b), misapplication of rating criteria, failure to consider all evidence of record, and incorrect effective dates. If the HLR reviewer finds an error, they can return the claim for correction with instructions or identify a duty to assist error that triggers a Supplemental Claim.
LANE 3: BOARD OF VETERANS APPEALS
Form: VA Form 10182
Who decides: Veterans Law Judge (VLJ)
Three dockets available (choose one on form):
Who decides: Veterans Law Judge (VLJ)
Three dockets available (choose one on form):
Direct Review: No new evidence, no hearing. Judge reviews the existing record. Timeline: ~365-500 days (1-1.4 years).
Evidence Submission: You can submit new evidence within 90 days of filing. No hearing. Timeline: ~550-700 days (1.5-2 years).
Hearing Request: You get a hearing with a VLJ (virtual or in-person) and can submit new evidence at the hearing and for 90 days after. Timeline: ~2-4 years.
The Board is the most thorough review. A Veterans Law Judge reviews your case independently. Board decisions can be appealed to the U.S. Court of Appeals for Veterans Claims (CAVC) if you disagree. The Board has the authority to grant benefits that the regional office denied.
Which Lane Should You Choose?
| SCENARIO | BEST LANE |
|---|---|
| You have a new nexus letter or medical opinion | Supplemental Claim |
| The VA ignored evidence in your file | Higher-Level Review |
| The VA applied the wrong diagnostic code | Higher-Level Review |
| You need a hearing to explain your case | Board Appeal (Hearing) |
| You want the fastest possible resolution | Supplemental or HLR (~125 days) |
| You want the most thorough independent review | Board Appeal (Direct or Evidence) |
| Your effective date is wrong | Higher-Level Review |
| You were denied for no nexus opinion | Supplemental (with new IMO) |
Lane Switching
Under AMA, you can switch between lanes after receiving a decision. For example, if an HLR is denied, you can then file a Supplemental Claim with new evidence. If a Supplemental Claim is denied, you can appeal to the Board. Each switch preserves your effective date as long as you file within one year of the most recent decision. This "lane switching" flexibility under 38 C.F.R. § 3.2500(h) is one of the most significant improvements AMA brought to the appeals process.
Beyond the Board: CAVC and Federal Circuit
If the Board of Veterans Appeals denies your claim, you have 120 days to appeal to the U.S. Court of Appeals for Veterans Claims (CAVC). CAVC reviews Board decisions for legal error. If CAVC upholds the denial, you can appeal to the U.S. Court of Appeals for the Federal Circuit on questions of law. These are federal court proceedings and typically require legal representation.
Regulatory Citations
38 C.F.R. § 3.2500 - AMA review of decisions (general provisions)
38 C.F.R. § 3.2501 - Supplemental Claims duty to assist
38 U.S.C. § 5107(b) - Benefit of the doubt
VA Form 20-0995 - Supplemental Claim
VA Form 20-0996 - Higher-Level Review
VA Form 10182 - Board of Veterans Appeals
M21-1, Part I.5 - Supplemental Claims procedures
M21-1, Part I.6 - Higher-Level Review procedures
M21-1, Part III.iv.8 - Clear and Unmistakable Error (CUE)
38 C.F.R. § 3.2501 - Supplemental Claims duty to assist
38 U.S.C. § 5107(b) - Benefit of the doubt
VA Form 20-0995 - Supplemental Claim
VA Form 20-0996 - Higher-Level Review
VA Form 10182 - Board of Veterans Appeals
M21-1, Part I.5 - Supplemental Claims procedures
M21-1, Part I.6 - Higher-Level Review procedures
M21-1, Part III.iv.8 - Clear and Unmistakable Error (CUE)
BEFORE YOU APPEAL
Run your claim through the 50-rule audit to identify exactly what went wrong.
Claim Audit Tool →