What is the SUCCESS RATE of VA Disability Appeals?

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Today, VA disability expert Brian Reese reveals and explains VA disability appeals success rates using published Board of Veterans’ Appeals (BVA) data.

The success of your VA appeal largely depends on the type of appeal selected and the quality and probative value of your medical evidence to support your VA disability claim.

For example, as of 2025, Higher-Level Reviews (HLRs) and Supplemental Claims are estimated to have around a 50% success rate, while BVA appeals average a 38% success rate.

Okay, let’s dive into the data in more detail along with tips, strategies, and lessons learned to help you win your appeal!

Summary of Key Points

• VA Disability Appeal Success Rates Depend on Appeal Type and Evidence Quality: Success rates for VA appeals vary based on the type of appeal and the quality of evidence submitted. Higher-Level Reviews (HLRs) and Supplemental Claims both have an estimated 50% success rate, while Board of Veterans’ Appeals (BVA) appeals average 38% success. Veterans should carefully evaluate their options and submit strong, probative evidence to increase their chances of approval.

• The VA Appeals Process Offers Three Main Options: Higher-Level Review (HLR): Ideal for correcting errors in the initial decision with no new evidence submitted. Supplemental Claim: Allows submission of new and relevant evidence for reconsideration by the VA. Board Appeal (BVA): Reviewed by a Veterans Law Judge and offers three choices—direct review, evidence submission, or a formal hearing. Veterans must act within one year of their VA rating decision to file an appeal.

• BVA Appeals Data Highlights Approval and Remand Rates: Legacy Appeals: Approval rate 36% and remand rate 44%, indicating a need for further development or clarification in many cases. AMA Appeals (Modernized Appeals): Direct Review: Approval 34%, remand 30%—faster decisions but no new evidence allowed. Evidence Submission: Approval 41%, remand 30%—stronger outcomes with added evidence. Formal Hearings: Approval 41%, remand 26%—effective for explaining complex cases but prone to cancellations (20% other decisions).

• Key Takeaways for Veterans Filing Appeals: Veterans should carefully select the best appeal option based on their evidence and timeline. Legacy appeals face higher remand rates, while AMA appeals provide faster processing and greater flexibility. To improve success rates, veterans should submit high-quality medical evidence, include lay statements, and consult a VA-accredited attorney to strengthen their case and avoid delays.

The VA Appeals Process Explained

When you receive a VA rating decision, you have three primary avenues to consider if you disagree with the outcome:

• 1. Higher-Level Review (HLR): Choose this option if you believe the initial decision was incorrect but don’t have new evidence to present. A more experienced reviewer will re-evaluate your existing file to identify any errors.

• 2. Supplemental Claim: If you possess new and relevant evidence that wasn’t part of your original claim, this is your path. By submitting this additional information, the VA will reassess your claim, potentially leading to a favorable decision.

• 3. Board Appeal: If you’re seeking a review by a Veterans Law Judge, this is the route. You can opt for a direct review of your existing evidence, submit new evidence, or request a hearing. Each choice has implications for the timeline and outcome of your appeal.

It’s crucial to act within one-year from the date of your VA rating decision to initiate any of these appeals.

Selecting the most appropriate option depends on your unique situation.

For appeals filed before February 19, 2019, the legacy appeals process applies.

However, with the implementation of the Veterans Appeals Improvement and Modernization Act (AMA) of 2017, all appeals filed on or after that date follow the modernized system, designed to be more efficient and veteran-friendly.

Understanding these options and timelines is vital to securing the benefits you’ve earned for serving our country.

Get educated, stay informed, consider seeking the professional legal advice from a VA-accredited attorney, and take timely action to ensure the best possible outcome for your appeal!

What is the Higher-Level Review (HLR) Success Rate?

While there is no published “success rate” for Higher Level Reviews, in my experience, I’d estimate a 50% success rate.

That means one in two veterans will get a successful VA HLR decision.

Remember, even if your HLR gets denied, you can always request a Supplemental Claim.

You can also do a HLR of the Supplemental Claim.

What is the Supplemental Claim Success Rate?

The VA does not publish success rates for Supplemental Claims.

However, based on available research and my experience working with 25,000+ veterans, the Supplemental Claim success rate is estimated to be around 50%.

This means that about half of veterans who submit new and relevant evidence not considered in the original decision have a chance of seeing a favorable outcome with a Supplemental Claim.

It’s important to understand that the success of a Supplemental Claim largely depends on the credibility and probative value of the new and relevant medical evidence submitted to the VA.

If you provide high-quality, credible, new, and relevant medical evidence your chances of approval increase.

What is the Board of Veterans’ Appeals (BVA) Success Rate?

BVA success rates depend on the type of appeal filed: Legacy Appeals or Appeals Modernization Act (AMA).

Under AMA, there are three options, including Direct Review, Evidence Submission, or a Formal Hearing.

• Legacy VA appeals have a 36% success rate.

• AMA Direct Reviews have a 34% success rate.

• AMA Evidence Submissions have a 41% success rate.

• AMA Formal Hearings have a 41% success rate.

Keep in mind that BVA appeals have high Remand Rates, which means the claim is sent back for further development before a decision can be made.

#1. Legacy VA Appeals

Approval Rate: 36% – Favorable decisions are granted more than one-third of the time.

Remand Rate: 44% – High remand rates indicate that many cases need additional evidence, clarification, or procedural corrections before a final decision can be made.

Deny Rate: 16% – Relatively low denial rates suggest that many appeals are incomplete rather than outright denied.

Other Decisions: 4% – These may include dismissals, withdrawals, or other procedural resolutions.

Key Insight: Legacy cases often require additional development due to outdated processes or incomplete evidence, leading to a higher remand rate.

#2. AMA Appeals (Modernized Appeals)

The AMA system has three appeal options, each offering different success rates:

1. Direct Review (Approval: 34%, Remand: 30%)

• Appeals are reviewed based only on existing evidence, leading to fewer remands (30%) since no new evidence can be introduced.

• Slightly lower approval rates indicate limited opportunities to add supporting evidence.

2. Evidence Submission (Approval: 41%, Remand: 30%)

• Higher approval rates reflect the ability to submit new evidence that supports claims.

• Remands still occur at 30%, showing that additional development may sometimes be required despite new evidence.

3. Hearing (Approval: 41%, Remand: 26%)

• Formal hearings allow veterans to testify and provide additional context, resulting in strong approval rates.

• Lower remand rates (26%) reflect better-prepared cases, though higher “other” rates (20%) often stem from hearing cancellations or withdrawals.

#3. Overall BVA Trends

• Approval Rate: 37% – More than one-third of BVA appeals are approved.

• Remand Rate: 36% – Many cases still need further evidence or review, particularly in Legacy appeals.

• Deny Rate: 16% – Low denial rates highlight that most claims have merit but may lack sufficient documentation or evidence at the time of review.

• Other Decisions: 11% – Includes withdrawals, dismissals, or administrative closures, often related to hearing cancellations in AMA cases.

#4. Key Takeaways for Veterans Filing BVA Appeals

• Legacy Appeals: Expect higher remand rates due to procedural delays and evidence gaps. Transitioning to AMA options may speed up processing.

• AMA Direct Review: Ideal for veterans with complete files and no need for additional evidence—faster decisions but slightly lower approval rates.

• AMA Evidence Submission: Best for adding new evidence to strengthen claims—higher approval rates but more risk of remands.

• AMA Hearings: Great for veterans who need to explain complex cases, but cancellations and delays may impact timelines.

BVA Claims Data for 2024-2025

Dispositions by Issue

BVA Appeal Type	Issues Decided	Approved	Denied	Remanded	Other
Legacy Issues	129,860	20%	24%	50%	6%
AMA | Direct	34,217	24%	30%	33%	14%
AMA | Evidence	31,001	26%	29%	34%	12%
AMA | Hearing	48,512	27%	21%	32%	21%
Total	243,590	23%	25%	42%	11%

Dispositions by Appeals Hierarchy

BVA Appeal Type	Appeals Decided	Approved	Denied	Remanded	Other
Legacy	38,535	36%	16%	44%	4%
AMA | Direct	15,238	34%	21%	30%	15%
AMA | Evidence	11,322	41%	16%	30%	14%
AMA | Hearing	18,025	41%	12%	26%	20%
Total	83,120	37%	16%	36%	11%

Source List

• BVA Quarterly Reports With Supporting Data

• BVA Annual Reports to Congress

• Veterans Benefits Administration (BVA) Annual Reports to Congress

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