How to Appeal an Incorrect VA Disability Rating Decision

When you’ve sacrificed so much in service to your country, receiving a disability decision from the U.S. Department of Veterans Affairs that minimizes or ignores the reality of your injuries feels like a betrayal—you deserve recognition for what you’ve endured and compensation that reflects the true impact on your life.

Fortunately, when the VA issues an inaccurate rating decision—whether they denied your claim entirely, assigned a percentage that is too low, or failed to recognize the full extent of your disabilities—you have options to challenge that decision and pursue the rating you deserve.

Our firm handles VA disability cases at no out-of-pocket cost to Veterans, so you can pursue the benefits you’ve earned without financial risk. Call us today at 866-951-0466 or contact us online to learn how we can help you.

Why Does VA Sometimes Get It Wrong?

Understanding why errors occur can help you build a stronger appeal. The VA processes millions of claims annually, and mistakes happen for several reasons:

• Incomplete review of your medical file. Claims processors may have overlooked critical medical records or failed to request relevant documentation from your healthcare providers.

• Misapplication of rating criteria. The VA Schedule for Rating Disabilitiescontains complex, technical standards. Raters sometimes misinterpret these criteria or apply the wrong diagnostic code to your condition.

• Inadequate Compensation & Pension examinations. The compensation and pension examiner may have conducted a rushed or superficial evaluation, missing key symptoms or functional limitations.

• Failure to consider all your disabilities. You may have multiple service-connected conditions, but the VA only rated some of them. They might have also ignored secondary conditions caused by your primary disability.

• Errors in combined ratings calculations. When you have multiple disabilities, the VA uses a specific formula to calculate your overall rating. Mathematical errors or improper application of bilateral factor rules can result in a lower combined rating than you’re entitled to receive.

What Are Your Options for Challenging an Incorrect Decision?

The Veterans Appeals Improvement and Modernization Act of 2017 created three distinct lanes for appealing VA decisions. Each pathway has different advantages depending on your specific situation.

1. Supplemental Claim: Introducing New Evidence

A Supplemental Claim allows you to submit new and relevant evidence that wasn’t part of the original record. This option works well when:

• You have additional medical documentation that wasn’t previously submitted
• You can obtain a more detailed medical opinion addressing gaps in the original decision
• New treatment records have become available since the initial decision
• You can provide lay statements from witnesses who can corroborate your account

The VA will review your entire case again, considering both the old evidence and any new material you provide. Essentially, you’re asking them to take a fresh look with a more complete picture.

The VA aims to complete Supplemental Claims within 125 days on average, though actual processing times vary, meaning this is often the fastest route to a favorable decision when you have strong new evidence.

2. Higher-Level Review: Spotting Legal or Procedural Errors

A Higher-Level Review involves a senior VA employee re-examining the same evidence from your original claim to determine whether errors were made in applying the law or regulations. This pathway is appropriate when:

• You believe the rating decision misinterpreted the medical evidence
• The wrong diagnostic code or rating criteria were applied
• The decision contains obvious factual errors
• The VA failed to follow its own regulations or precedent

No new evidence can be submitted during a Higher-Level Review—the senior reviewer works only with what was in the original file. You can request an informal conference call to explain why you believe the decision was incorrect.

The VA aims to complete Higher-Level Reviews within 125 days. This option doesn’t require gathering additional evidence, making it suitable when the error was in how the VA interpreted existing information.

3. Board Appeal: Taking Your Case to a Veterans Law Judge

Appealing directly to the Board of Veterans’ Appeals means a Veterans Law Judge will review your case. The Board offers three different “dockets” or tracks:

• Direct Review Docket: The judge reviews the existing evidence without accepting new materials or holding a hearing. This is the fastest Board option.

• Evidence Submission Docket: You can submit new evidence for the judge to consider, but there’s no hearing. The judge will review everything in the record, including new materials.

• Hearing Docket: You can submit new evidence and appear before the judge—either in person or via videoconference—to present testimony and answer questions. While this takes longer, it provides the most comprehensive review.

Board appeals take considerably longer, often one to three years, depending on the docket and the Board’s current backlog. However, Board appeals provide the most thorough review and an opportunity to present your case directly to a judge, which can be particularly valuable in complex cases.

Can You Switch Between Appeal Pathways?

Yes. The modern appeals system allows flexibility. If you pursue one option and receive an unfavorable decision, you can choose a different pathway for the next level of review.

For instance, you might file a Supplemental Claim with new medical evidence. If that’s denied, you could then request a Higher-Level Review to determine whether the supplemental decision contained errors. After that, you could appeal to the Board if necessary.

This flexibility means you’re never locked into a single strategy—you can adapt based on what you learn throughout the process.

How Long Do You Have to File an Appeal?

Timing is critical in VA appeals. You typically have one year from the date of the decision notice to file your appeal through any of the three lanes.

Missing this deadline has serious consequences. If you file late, your effective date (the date from which back pay is calculated) may be pushed forward to when you filed the late appeal rather than your original claim date. You’ll also lose months or years of retroactive compensation you would have otherwise received.

In some circumstances, exceptions exist for delayed filings, but these are limited and require specific justifications. The safest approach is to not miss the deadline.

Do You Need Help Appealing Your Rating?

While you have the right to represent yourself in VA appeals, the complexity of disability law and the stakes involved make professional representation highly valuable. Help typically is available from Veterans Service Organizations (VSO) and from attorneys and claims agents who specialize in Veterans’ disability law.

Veterans Service Organizations

Accredited representatives from organizations like the American Legion, Disabled American Veterans (DAV), or Veterans of Foreign Wars (VFW) can help with appeals at no cost.

Claims Agents and Attorneys

Attorneys and claims agents who specialize in Veterans’ disability law offer a higher level of expertise, particularly in complex appeals or Board hearings. They understand intricate rating calculations, can identify subtle legal errors, and know how to present compelling arguments.

Importantly, our firm and most Veterans disability law firms work on a contingency basis at no out-of-pocket cost to Veterans. Fees are only collected from past-due benefits if your appeal succeeds, and federal law caps these fees at 33.33% of retroactive payments. If your appeal doesn’t result in additional benefits, you pay nothing.

Research published in the Stanford Law Review found that Veterans with legal representation at the Board level had significantly higher success rates than those without representation.

What Are Common Mistakes Veterans Make When Appealing?

Avoiding these pitfalls can significantly improve your chances:

• Missing deadlines. This is the most costly mistake you can make. Note all important dates on your calendar and set reminders well in advance.

• Failing to provide sufficient evidence. Submitting incomplete medical records or vague personal statements weakens your case. Thoroughness matters.

• Choosing the wrong appeal pathway. If you have strong new evidence, a Supplemental Claim is usually faster than going straight to the Board. Strategic thinking about which lane to use can save years.

• Not preparing for C&P exams or hearings. These are critical moments in your appeal. Being unprepared or minimizing your symptoms can doom an otherwise strong case.

• Giving up too soon. Many Veterans receive multiple denials before ultimately prevailing. Persistence, combined with strengthening your evidence with each attempt, often leads to success.

An incorrect VA disability rating affects not just your monthly compensation but your access to healthcare, your family’s security, and your recognition for sacrifices made in service. When the VA gets it wrong, you have every right to challenge that decision through the appeals process.

The path to correcting an erroneous rating can be complex, but with proper evidence, sound legal arguments, and strategic use of available appeal options, Veterans regularly succeed in obtaining the accurate ratings they deserve.

If you’ve received a VA disability decision that you believe is incorrect, our firm can evaluate your case and guide you through the most effective appeal strategy at no out-of-pocket cost to you. Call us today at 866-951-0466 or contact us online for a free consultation to discuss how we can help you pursue the accurate rating and full benefits you’ve earned.

You’ve already fought for this country—you shouldn’t have to fight alone for the benefits you’ve rightfully earned through your service and sacrifice.

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