Ryan Nichols
History & Service

I Got a VA Denial Letter Today. Here Is What I Am Doing About It.

Three VA decision review lanes, the one year clock, and free accredited help. A Marine veteran on what the denial letter does not tell you in plain English.

By Ryan Nichols

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The letter came today.

I am not going to tell you what the claim was for. That is mine. What I am going to tell you is what the letter does not tell you in plain English, which is that a denial is not the end of anything. It is the start of a clock.

I have been through this before. Here is the map.

First, do not do the thing I wanted to do

I wanted to throw it in a drawer.

Do not. There is a deadline in that letter and it is running whether you read it or not.

You have three ways to fight it, and they are not the same

The VA calls these decision reviews. There are three, and picking the wrong one wastes months.

Supplemental Claim. Use this when you have new evidence the VA did not see the first time. A new doctor's letter. A buddy statement from somebody who served with you. A private medical opinion. Anything relevant that was not in the file. Form is VA Form 20-0995. The VA has to help you gather the evidence, which is a duty most veterans do not know they can lean on.

Higher Level Review. Use this when you think the VA got it wrong on the evidence it already had. A more senior reviewer looks at the same file with fresh eyes. Here is the trap: they cannot consider anything new. If you have new evidence, this is the wrong lane. Form is VA Form 20-0996.

Board Appeal. This goes to a Veterans Law Judge at the Board of Veterans' Appeals in Washington. You can ask for a direct review, submit new evidence, or request a hearing. It is the slowest lane and the most formal one.

The one year clock

For most benefits you have one year from the date on the decision letter to file a Higher Level Review or a Board Appeal.

A Supplemental Claim can technically be filed any time, but if you file it within that same year you keep your original effective date, which is the date your back pay counts from. Miss the year and you may still win, but you may win from a later date and lose the months in between.

Write the date on the letter on your calendar today. Then write the date one year later. That second one is the wall.

Get somebody in your corner, and it is free

You do not have to do this alone and you do not have to pay anybody.

Veterans Service Organizations are accredited to represent you in front of the VA at no charge. The VFW, the DAV, the American Legion, and the Texas Veterans Commission all have service officers who do this every day. They know which lane to file in and they know what the reviewer is looking for.

If somebody wants to charge you a fee just to file the initial review, walk away.

What I am doing

I am filing a Supplemental Claim, because I have evidence they did not have. I am doing it inside the year. And I am doing it with a service officer, not by myself, because I have learned the hard way that being right is not the same as filing right.

The honest part

Not every denial is wrong.

Sometimes the evidence really was thin. Sometimes the connection between service and the condition was never documented and needs to be built. A denial is not always the VA being the VA. Sometimes it is the file being the file.

That is exactly why the Supplemental Claim exists. It is the lane for fixing the file.

And I will say this too, because veterans need to hear it from other veterans: the process is slow, it is bureaucratic, and it is designed by people who have never had to live inside it. That is all true. It is also winnable, and I know men who gave up at the first letter who would have won at the second.

Do not be the first letter guy.

Reader poll

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If you are a veteran reading this with a denial letter on the counter, take a picture of the date on it right now. Then go find a service officer. That is the whole first step.

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