The letter arrives.
You tear it open, scan the contents, and your heart sinks. The VA rating decision doesn’t accurately reflect the severity of your disability.
What now?
This isn’t just about paperwork. It’s about your future, your well-being, and receiving the rating and compensation you deserve for sacrifices made in uniform.
Two paths stretch before you to appeal your VA disability claim: Higher-Level Review or Supplemental Claim. The difference isn’t just procedural—it’s the difference between months of waiting and proper recognition, between a denied claim and a favorable outcome.
Let’s make this path clearer for every veteran facing this crossroads.
Understanding VA Ratings: What Are They?
What is a VA Rating?
A VA rating isn’t just a number.
It’s the Department of Veterans Affairs’ assessment of how your service-connected disabilities affect your daily life, translated into a percentage. These disability percentages determine your monthly VA disability compensation and access to VA benefits.
Think of it as a translation—converting your medical reality into language that determines the VA benefits you deserve.
How Are VA Ratings Determined?
VA ratings aren’t random. They follow a unique formula based on the 38 CFR rating schedule.
A VA claims adjudicator reviews your VA medical records, service records, and disability benefits questionnaires (DBQs). They match your condition against standardized criteria for each disability type to determine your VA rating and compensation.
But here’s what most veterans miss: the adjudicator only evaluates what’s documented, not what you experience daily. The gap between these two realities is where most rating problems begin, often leading to a lower rating than deserved.
Why Are VA Ratings Important for Veterans?
Your VA rating directly affects your life in three critical ways:
- Financial stability – Higher VA disability ratings mean greater tax-free compensation
- Healthcare access – Certain ratings unlock specific treatment options at the VA hospital
- Additional benefits – From education to housing assistance, your rating determines eligibility for various VA benefits
For disabled veterans, an accurate rating isn’t a luxury—it’s essential for rebuilding life after service and securing the compensation that reflects how your condition affects your daily life.
What Are Your Options for Appealing a VA Rating?
What is a Higher-Level Review?
A VA Higher Level Review (HLR) is essentially a second look.
You’re saying, “I believe the VA made an error with the evidence they already had.” An experienced VA reviewer takes a fresh look at your initial VA claim file—no new evidence allowed.
Think of it as asking for a different chef to taste the soup using the exact same ingredients. If something was overlooked or misinterpreted in the original decision, this is your chance to highlight it.
You can request an informal conference to speak directly with the reviewer to explain where you believe errors occurred in your VA disability claim.
What is a Supplemental Claim?
A Supplemental Claim says, “I have new ingredients for the soup.”
You’re providing new and relevant evidence that wasn’t part of your original claim. This might be additional VA medical records, a new medical opinion, or a doctor’s statement that better documents your condition.
This type of appeal allows veterans to strengthen their case by submitting new evidence that didn’t exist or wasn’t submitted before.
How Do You Decide Between a Higher-Level Review and a Supplemental Claim?
The decision hinges on a single question: Do you need to add new evidence to your claim?
If your claim file already contains all necessary documentation but was misinterpreted, choose a VA Higher Level Review.
If you’re missing critical evidence that would help demonstrate the severity of your condition and increase your VA disability rating, a Supplemental Claim is your path.
Let me make this distinction crystal clear:
Higher-Level Review: “The evidence already in my file proves my case; it just wasn’t properly evaluated.”
Supplemental Claim: “I have new evidence that strengthens my case beyond what was originally submitted.”
Your choice of which type of appeal to pursue is not specific to any one claim—it depends entirely on your unique situation.
Higher-Level Review: Pros and Cons
What Are the Advantages of a Higher-Level Review?
The HLR process offers distinct advantages:
- Experienced reviewer – Your claim gets evaluated by a senior VA claims adjudicator
- No evidence gathering needed – Potentially faster resolution
- Duty to assist error identification – If VA failed to properly develop your initial VA claim
- Informal conference opportunity – 20 minutes to speak directly with the reviewer about your case
Most importantly, an HLR preserves your effective date—meaning if you win, your benefits date back to your original claim, helping you get the VA rating and compensation you deserve.
What Are the Disadvantages of a Higher-Level Review?
Higher Level Reviews have significant limitations:
- No new evidence allowed – You’re locked into what’s already in your file
- Limited to one review – You can’t request another HLR on the same issue
- No guarantee of a different outcome – If the evidence truly doesn’t support your claim
The biggest risk? If critical evidence is missing from your file, an HLR won’t solve your problem and may result in another claim denial.
How Long Does a Higher-Level Review Take?
The VA aims to complete higher-level reviews within 125 days. In practice, most are completed within 3-5 months, though the timeline varies based on claim complexity and VA workload.
Requesting an informal conference as part of the review process may add time but increases your opportunity to direct the reviewer’s attention to specific evidence in your file.
Supplemental Claim: Pros and Cons
What Are the Advantages of a Supplemental Claim?
Supplemental Claims provide powerful opportunities:
- New evidence consideration – You can strengthen your case substantially by submitting new evidence
- No limit on submissions – You can file multiple Supplemental Claims with new evidence
- Duty to assist is active – VA must help develop your claim and assist veterans in gathering evidence
- Preserves effective date – If filed within one year of prior decision
This path gives you the chance to correct deficiencies in your original evidence and may be your best option if looking to increase your VA disability rating with new medical documentation.
What Are the Disadvantages of a Supplemental Claim?
Be aware of these drawbacks:
- Burden to provide new evidence – Must be both new AND relevant
- Potential development time – Gathering evidence may take months
- No direct interaction with decision-maker – Unlike the HLR informal conference
The success of your Supplemental Claim hinges entirely on the quality and relevance of your new evidence.
How Long Does a Supplemental Claim Take?
Like Higher-Level Reviews, the VA’s goal is 125 days for Supplemental Claims. However, if the VA needs to schedule exams or gather additional records, the process can extend significantly.
Strong claims with well-prepared evidence packages tend to move faster through the VA claim process.
Key Factors to Consider When Choosing an Appeal Method
What Evidence Do You Have to Support Your Claim?
Take a brutally honest inventory of your claim file:
- Is your condition well-documented in VA medical records?
- Did you submit all relevant evidence with your initial VA claim?
- Do you have access to new medical evidence that would help you get a higher rating?
The answer determines which type of appeal will serve you best.
What Is Your Timeline for Appeal?
Both appeal options must be filed within one year of your decision date.
Miss this window, and you’ll lose your original effective date—potentially costing thousands in retroactive benefits.
Are You Seeking a Faster Resolution?
If your claim file is comprehensive and your goal is the fastest possible resolution, a VA Higher Level Review may be your best option.
However, speed should never trump thoroughness. An incomplete claim file processed quickly still results in an incorrect rating and inadequate VA disability benefits.
How to Prepare for a Higher-Level Review or Supplemental Claim
What Documentation Do You Need to Gather?
For Higher-Level Review:
- Copy of your claim file
- Written statement identifying specific errors
- Notes for your informal conference
For Supplemental Claim:
- New medical evidence specifically addressing rating criteria
- Medical nexus opinions connecting your condition to service
- Updated Disability Benefits Questionnaires (DBQs)
- Lay statements that provide new information
How Should You Present Your Case?
For Higher-Level Review with an informal conference:
- Be specific about errors—cite exact records and pages
- Reference the correct diagnostic codes and rating criteria
- Remain factual and focused during your conference
For Supplemental Claim:
- Clearly identify how each piece of new evidence is relevant
- Organize evidence to directly address rating criteria
- Include a cover letter explaining what you’re submitting and why it matters
Can You Get Help from a Veteran Service Organization?
Working with a VA-accredited attorney or accredited agent like VA disability expert Brian who specializes in VA disability claims can dramatically improve your chances of a favorable outcome.
These professionals understand:
- How to identify errors in rating decisions
- What evidence most effectively demonstrates disability severity
- How to navigate the appeals process efficiently
- How to advocate on your behalf if you believe the VA got something wrong
Their expert guidance isn’t just helpful—it can be the difference between approval and denial. They can guide you through the process and help you maximize your benefits.
Conclusion: Which Option Is Right for You?
What Are Your Goals for the Appeal Process?
Consider what matters most:
- Maximum rating increase?
- Fastest possible resolution?
- Establishing service connection?
Your specific goal should shape your strategy. In complex cases, you may need legal advice from someone who can help you get the compensation and benefits you deserve.
How Do You Feel About the Current VA Rating?
If you’re confident the evidence already in your file supports a higher rating, a VA Higher Level Review makes sense.
If you know your file is missing critical evidence, invest the time in a Supplemental Claim with the goal to increase your VA rating.
If your claim was denied, you’ll need to carefully consider which path gives you the best chance of success based on why the denial occurred.
What Next Steps Should You Take?
- Request your complete claim file (C-file) to understand what evidence VA already has
- Consider using a VA disability calculator to understand how combined ratings work
- Consult with a VA claim expert who can help you analyze your specific situation
- Decide which appeal path to pursue based on evidence, not emotion
For veterans looking to increase your VA disability rating, understanding all your options is critical. You may be eligible for more benefits than you realize, including but not limited to increased compensation, healthcare benefits, and vocational services.
Remember that the Board of Veterans’ Appeals serves as another appeal option if your Higher-Level Review or Supplemental Claim doesn’t yield the results you seek. A veterans law judge can review your case if necessary, though this extends the timeline significantly.
The appeals process isn’t designed for simplicity. It’s designed for procedure.
Navigating the VA claims system requires more than determination—it requires strategy to receive a VA rating that accurately reflects the severity of your condition.
The VA claims system wasn’t designed for simplicity, but it can be navigated with the right tools. Download our free guide: The 5 Fatal Flaws that Get Post-9/11 Orthopedic Claims Denied to understand the common pitfalls, explore our articles for deeper insights, or book a consultation to create your personalized claim strategy.
REFERENCES:
Department of Veterans Affairs. (2023). Higher-Level Reviews. VA.gov. https://www.va.gov/decision-reviews/higher-level-review/
Department of Veterans Affairs. (2023). Supplemental Claims. VA.gov. https://www.va.gov/decision-reviews/supplemental-claim/
Code of Federal Regulations. (2023). 38 CFR Part 4 – Schedule for Rating Disabilities. Cornell Law School Legal Information Institute. https://www.law.cornell.edu/cfr/text/38/part-4
Department of Veterans Affairs. (2022). VA Claims and Appeals Timeline. VA.gov. https://www.va.gov/resources/what-your-claim-status-means/
Office of the Inspector General. (2023). VA Developed Reporting Metrics for Appeals Modernization Act Decision Reviews but Could Be Clearer on Some Veterans’ Wait Time. VA.gov. https://www.vaoig.gov/sites/default/files/reports/2023-06/VAOIG-22-00488-81.pdf
Code of Federal Regulations. (2023). 38 CFR § 3.2601 – Higher-level review. Cornell Law School Legal Information Institute. https://www.law.cornell.edu/cfr/text/38/3.2601
Department of Veterans Affairs. (2023). Duty to Assist. VA.gov. https://www.va.gov/resources/vas-duty-to-assist/
Department of Veterans Affairs. (2023). VA Accreditation. VA.gov. https://www.va.gov/ogc/apps/accreditation/index.asp
Department of Veterans Affairs. (2023). Board of Veterans’ Appeals. VA.gov. https://www.bva.va.gov/
Department of Veterans Affairs. (2023). VA Disability Compensation. VA.gov. https://www.va.gov/disability/
ABOUT THE AUTHOR : Jerome Spearman is a VA accredited claims agent and a legal nurse consultant specializing in orthopedic appeal representation for post 9-11 veterans. He believes that every post 9-11 veteran deserves a strategic advocate who turns VA denial confusion into clarity and earned benefits. Connect with Jerome on LinkedIn or by email at jerome@spearmanappeals.com for regular updates on VA policy changes and claim strategies.