Under the Appeals Modernization Act (effective February 2019), a denied or under-rated VA decision gets three distinct review lanes — each with different rules, timelines, and strategy. You have one year from the decision to choose a lane and preserve the effective date. Supplemental Claim (new evidence), Higher-Level Review (senior reviewer, no new evidence), Board Appeal (Veterans Law Judge, three sub-options).
Under the AMA (codified at 38 USC § 5104B and 38 CFR § 19.5), you have one year from the date of the VA decision to choose one of three review options. The lanes are exclusive at any one time — but you can switch lanes after a new decision is issued.
The most-used lane. Submit new and relevant evidence under 38 CFR § 3.2501 and the VA re-adjudicates the entire record de novo.
New private nexus letter or IMO.
New medical evidence (treatment records, diagnosis, imaging).
A new law applies (PACT Act presumptives, for example).
New service records, buddy statements, or personnel records.
Prior C&P exam was inadequate and you can show why with new evidence.
Deadline: none, but file within one year to preserve the original effective date (continuously-pursued doctrine). After one year, the effective date resets to the supplemental-claim filing date.
Timeline: typically 4-6 months.
What is “new and relevant”: per § 3.2501(a), “new” means not previously submitted; “relevant” means it tends to prove or disprove a matter at issue. Duplicate evidence is not new. Off-topic evidence is not relevant.
A senior claims adjudicator reviews the existing evidence for errors. No new evidence accepted.
The VA ignored favorable evidence already in your file.
The rater applied the wrong diagnostic code or rating criteria.
The C&P examiner's opinion contradicts the evidence in the record.
The decision contains factual errors (wrong dates, wrong conditions).
The VA failed in its duty to assist — didn't obtain available records, provided inadequate exam.
Deadline: within one year of the decision.
Informal conference: you (or a VSO/accredited rep on your behalf) can request a call with the senior reviewer to flag specific errors.
Timeline: typically 4-5 months — generally the fastest lane.
Outcomes: grant, deny (uphold), or identify a duty-to-assist error that sends the claim back for new development.
Case goes to the Board of Veterans' Appeals in Washington, D.C., where a Veterans Law Judge reviews it. Three sub-options:
Deadline: within one year of the decision.
After a Board denial: file a Supplemental Claim with new evidence, OR appeal to the U.S. Court of Appeals for Veterans Claims (CAVC) within 120 days.
One year from the date of the decision to preserve the effective date. Filed within one year, the original effective date is preserved if the appeal succeeds (the "continuously pursued" doctrine). Filed after one year, the effective date snaps forward to the appeal filing date.
Supplemental Claim if you have new evidence (most common; most likely to grant). Higher-Level Review if the original decision contained errors but evidence in the file already supports the claim. Board Appeal if the case involves complex legal issues, you want to testify before a Veterans Law Judge, or you have exhausted the other lanes.
No — you must choose one lane per decision, but you can switch lanes after receiving a new decision. If HLR is denied you can file a Supplemental Claim with new evidence, or you can take the case to the Board.
HLR averages 4-5 months. Supplemental Claim 4-6 months. Board Direct Review 1-2 years. Board Evidence Submission 1-2 years. Board Hearing Request 2-4 years depending on docket.
You can file a Supplemental Claim with new evidence (no time limit, but file within one year to preserve the effective date), or appeal to the U.S. Court of Appeals for Veterans Claims (CAVC) within 120 days of the Board decision.