Higher-Level Review, the claim will be reconsidered and re-adjudicated. Regardless of which option a claimant chooses, some basic preparation is essential to improve the chances of a successful appeal. In my experience, this is where many Veterans fall short. If a Veteran is denied service connection or an increased evaluation in a rating decision, I recommend not rushing to appeal immediately. They have one year from the date of the decision to file a timely appeal. I recommend that Veterans first read the rating decision narrative and any favorable findings to understand why their claim was denied. Favorable findings can include establishing a current disability, in-service occurrence or aggravation, a nexus between military service and the current disability, verification of a valid stressor event for PTSD, and more. Favorable findings address elements of service connection for which the VA has determined you meet the criteria. I recommend identifying the elements that are not met and gathering evidence to support them, which can be submitted as new and relevant evidence. Additionally, I recommend that Veterans request their claim file from the VA to determine what evidence was used to make the decision. This step is especially important for Higher-Level Reviews, as they rely on the evidence in the record at the time the claim was decided. However, when in doubt, I also recommend speaking with an accredited claims representative to assist with developing and submitting a successful appeal to the VA. Taking these steps should improve the chances that a Veteran ’ s claim will be granted on appeal.
2. U.S. Department of Veterans Affairs. M21-1, Part V, Subpart ii, Chapter 1, Section B - Reviewing Testimony and Lay Evidence. Accessed from https://www.knowva.ebenefits.va.gov/system/ templates/selfservice/va_ssnew/help/customer/ locale/en-US/portal/554400000001018/ content/554400000014389/M21-1-Part-V- Subpart-ii-Chapter-1-Section-B-Reviewing- Testimony-and-Lay-Evidence#2 on November 1, 2025. 3. U.S. Department of Veterans Affairs. M21-1, Part V, Subpart ii, Chapter 1, Section A - Principles of Reviewing and Weighing Evidence. Accessed from https://www.knowva.ebenefits.va.gov/ system/templates/selfservice/va_ssnew/help/ customer/locale/en-US/ portal/554400000001018/ content/554400000014383/M21-1-Part-V- Subpart-ii-Chapter-1-Section-A-Principles-of- Reviewing-and-Weighing-Evidence? query=probative#2d on November 1, 2025. 4. U.S. Department of Veterans Affairs. Higher- Level Reviews. Accessed from https:// www.va.gov/decision-reviews/higher-level- review/ on October 28, 2025. 5. VA Claims Insider. What is a “ Favorable Finding ” for VA Disability Claims? Accessed from https://vaclaimsinsider.com/what-is-a- favorable-finding-for-va-disability-claims/ on October 29, 2025.
Sources:
1. U.S. Department of Veterans Affairs. VA Benefits and Healthcare: Supplemental Claims. Accessed from https://www.va.gov/decision- reviews/supplemental-claim/ on October 28, 2025.
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The Fall Bulletin
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