VA Denied My Claim. What Now?

VA's decision letter must list the evidence it considered, the reasons for the decision, and any favorable findings. Favorable findings are facts VA already accepted, such as a current diagnosis or an event in service. VA is bound by them later unless clear and convincing evidence proves them wrong (38 C.F.R. § 3.104(c)).

Most denials come down to one missing element:

• No current diagnosis of the condition.
• No in-service event, injury or illness in the record.
• No nexus: no medical opinion linking the condition to service, or to a condition VA already rated.

• Higher-Level Review (VA Form 20-0996): a senior reviewer looks at the same evidence. Choose it when VA overlooked or misread evidence it already had. You can't add new evidence.
• Supplemental Claim (VA Form 20-0995): you add new and relevant evidence, such as a medical opinion, and VA decides again. Choose it when something was missing.
• Board appeal (VA Form 10182): a Veterans Law Judge decides. You can ask for direct review, submit evidence, or have a hearing. It usually takes longer, and it is often used for contested legal or medical questions.

File a Higher-Level Review or Board appeal within one year of the date on the decision letter. Filing in time keeps your original effective date, the date VA pays back to. A Supplemental Claim can be filed later, but filing within a year protects that same date.

• Sleep apnea: often denied for no in-service event or no nexus. A secondary claim, for example to PTSD or to a rated condition whose medication caused weight gain, needs a reasoned medical opinion.
• Tinnitus: usually denied when the record lacks noise exposure or the exam says it's less likely related. Your service duties, a buddy statement and a better-reasoned opinion often matter.

The free Decision Check tells you your deadline. A Decision Review ($99) reads your decision and records and shows the reason for each denial, how strong your record is, the route that fits, and any evidence gap, such as a nexus opinion.

General information, not legal advice. No outcome is guaranteed.