Where you are
You disagree with a decision
A denial is a decision with a reason attached, and the reason tells you what to do next.
Start with the letter
The VA has to tell you why. Under 38 CFR 3.103(f), the decision letter must list any findings in your favor. It must also name which requirement for granting the claim was not met. If you were rated lower than expected, it must state the criteria for the next higher level. The favorable findings bind every later reviewer unless someone shows a clear and unmistakable error in them (38 CFR 3.104(c)). The letter also tells you how to get the evidence the VA relied on, including the exam report (38 CFR 3.103(f)(7)). Request it.
The reasons a claim is usually denied
- No current diagnosis, or no persistent or recurrent symptoms of one (38 CFR 3.159(c)(4)(i)(A)).
- No in-service event, injury, or disease in the record (38 CFR 3.159(c)(4)(i)(B)).
- No nexus to service or to a condition already service connected (38 CFR 3.159(c)(4)(i)(C); 38 CFR 3.310).
- Rating criteria not met. Service connection was granted, but the findings did not reach the next level in 38 CFR Part 4.
- A missed VA exam. Under 38 CFR 3.655(b), if you do not report for a scheduled examination without good cause, an original compensation claim is rated on the evidence already in the file, and a supplemental claim or a claim for increase is denied outright.
- The service itself does not qualify. Under 38 CFR 3.12(a), compensation is payable only on a period of service that ended under conditions other than dishonorable, and 38 CFR 3.301 bars a disability that came from your own willful misconduct. A discharge bar is a different problem from a missing nexus, and a discharge upgrade or a character of discharge determination is the road for it.
The first three are the elements the VA must see before it will even order an exam (38 CFR 3.159(c)(4)(i)). A denial names the reason it relied on. Find yours in the letter. If the reason your letter gives is not on this list, the letter is still the thing to work from.
Three ways to ask again
The modernized review system (38 CFR 3.2400) has three lanes (38 CFR 3.2500(a)). You can use only one lane at a time for each issue, and you can withdraw and switch (38 CFR 3.2500(b), (d), and (e)). This site does not choose for you, and none of this is legal advice. Here is what each lane can do, and the kind of problem each one is built for.
- Add evidence and ask for a new decision (supplemental claim). You submit evidence that is new, meaning not already in the file, and relevant, meaning it tends to prove or disprove something at issue. A new theory of entitlement counts (38 CFR 3.2501(a)(1)). Filing a substantially complete supplemental claim restarts the VA's duty to help you gather evidence (38 CFR 3.2501(c)). With new and relevant evidence in the file, the VA must decide again on the whole record. Without it, the VA issues a decision saying there was not enough to decide again (38 CFR 3.2501). This is the lane for a missing diagnosis, a missing nexus opinion, or a better exam.
- Ask a senior reviewer to look again (higher-level review). A senior reviewer who did not make the first decision looks at the same file with fresh eyes. The earlier decision carries no weight, except that findings in your favor still stand (38 CFR 3.2601(e) and (i); 38 CFR 3.104(c)). No new evidence and no hearing (38 CFR 3.2601(f); 38 CFR 3.103(d)(1)), though you can ask for one informal conference to point out errors in the decision (38 CFR 3.2601(h)). The reviewer must also check whether the VA met its duty to help you gather evidence. If the reviewer finds an error and cannot grant the full benefit, the reviewer must send the claim back to be fixed (38 CFR 3.2601(g)). This lane fits when the rater read the evidence wrong or missed a rating requirement.
- Appeal to the Board of Veterans' Appeals. A Veterans Law Judge decides the appeal. On the Notice of Disagreement you pick one of three dockets, and the docket sets what the judge may look at (38 CFR 3.159(b)(4), which points to 38 CFR 20.302 and 20.303). Direct review: no hearing and no new evidence, so the judge reads the record as it stood at the regional office (38 CFR 20.301). Evidence submission: no hearing, but you may add evidence with the Notice of Disagreement or within 90 days after it (38 CFR 20.303). Hearing: you testify before the Veterans Law Judge, and the judge also takes evidence given at the hearing and within 90 days after it (38 CFR 20.302). The hearing docket is the one place in the whole system where you speak to the person deciding.
The one-year clock
A higher-level review or Board appeal must be filed within one year of the decision notice (38 CFR 3.2500(a)(1)). A supplemental claim can be filed any time (38 CFR 3.2500(a)(2)), but the year still matters. File your next step within a year of each decision (38 CFR 3.2500(c)) and your effective date stays tied to the original claim, or to the date you became eligible if that is later (38 CFR 3.2500(h)(1)). Let the year pass and the effective date moves forward. It can be no earlier than the day the supplemental claim arrives (38 CFR 3.2500(h)(2)), unless the VA grants an extension for good cause (38 CFR 3.2500(e)(2)).
Read the Board decisions first (step 5)
Before you choose a lane, read published Board decisions on your condition. It may be the most useful thing you can do. Each one says what the veteran filed, what the examiner wrote, and why the judge granted, denied, or ordered a new exam. Regional office decisions are not published; Board decisions are the closest public view of what moved a claim like yours. Read ten.
When the exam was the problem
The schedule requires accurate and fully descriptive examinations (38 CFR 4.1) that describe how the condition affects your ordinary activity (38 CFR 4.10). A report without enough detail is supposed to be returned as inadequate (38 CFR 4.2). An inadequate exam usually looks like one of three things: the examiner never measured what the rating depends on, denied a link to service only because nothing was written down at the time, or ignored your statements and your witnesses. In the Board decision used as the example in the nine steps, the judge threw out two examiner opinions for those same problems.
You challenge it two ways. In a higher-level review, you point to the defect and argue the VA did not give you an adequate exam (38 CFR 3.159(c)(4); 38 CFR 3.2601(g)). In a supplemental claim, you bring a better one. A private physician's report can be accepted for rating if it is adequate (38 CFR 3.326(c)).
Lay evidence (step 8)
Your own statement, and statements from the people who saw what you went through, count as evidence of anything a person can observe (38 CFR 3.159(a)(2)). The VA must decide service connection on all pertinent medical and lay evidence (38 CFR 3.303(a)), and when the evidence is close to even, doubt goes to you (38 CFR 3.102; 38 CFR 4.3). Specific, dated statements about what changed and when are often what a denial was missing. If they were not in the file, they are new. If they speak to the element that was missing, they are relevant.
You do not have to do this alone
You have the right to representation at every stage (38 CFR 3.103(e)). Accredited representatives from veterans service organizations do this for free. You can also file every form yourself on VA.gov. This site teaches; it does not represent you or file for you.
The Claim Map is where you list the conditions this decision covered. Pick a body part, and it shows the conditions the VA rates there in plain English, each with its diagnostic code and the rating percentages that code carries, plus the secondaries most often claimed alongside it with the Board counts. It then asks where you are in the process and what evidence you already hold, and saves that to your account. To read decisions on your condition today, open the decision pages. Reading the criteria rung by rung against your own letter is what the written playbook adds.
Free to use. The written playbook is $49.99 once, when it ships.
This page is education, not legal advice. Rules quoted are from 38 CFR Parts 3 and 4, as published on the government's eCFR website. Board decisions are public records, linked at their source.