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Am I eligible? Find the right VA review lane
Four questions, based on 38 CFR — not a decision on your claim, and not a prediction of any outcome.
Am I eligible? Find the right lane
Four questions. This routes you to the review lane that matches your situation — it is not legal advice, an eligibility determination, or a prediction of any outcome.
HLR vs Supplemental Claim vs Board Appeal vs CUE vs Effective Date
The lanes are not ranked — they answer different problems. The fastest way to pick one is to ask what actually went wrong in the last decision.
| Lane | New evidence | Decided by | Timing | Best when |
|---|---|---|---|---|
| Higher-Level Review | Not allowed | Senior VA adjudicator | VA goal: 125 days | The record already supports the claim and the rater got it wrong |
| Supplemental Claim | Required | VA Regional Office rater | VA goal: 125 days | The denial was caused by a gap in the evidence |
| Board Appeal (BVA) | Depends on docket | Veterans Law Judge | Direct Review VA goal: 365 days | The record is complete and the law was applied incorrectly |
| CUE Claim | Never — record as it existed only | VA Regional Office or the Board | No published VA goal; varies widely | A final old decision contains an undebatable legal or factual error |
| Earlier Effective Date | Sometimes — depends on the lane used | VA Regional Office or the Board | Follows the timing of the lane it is filed in | The award is correct but the start date — and the back pay — is not |
| Underrated Decision Appeals | Not required — the dispute is over the evidence VA already had | Senior VA adjudicator (HLR) or Regional Office rater (Supplemental) | HLR goal: 125 days; Supplemental varies | The rating was wrong when assigned, on the record VA already had |
Timing figures are the VA's own published processing goals, not predictions about any individual claim.
Questions about choosing a lane
- How do I know which VA appeal option to choose?
- It depends on three things: how long ago the decision was issued, whether you have evidence the VA has not seen, and what went wrong. New evidence points to a Supplemental Claim, an error on the existing record points to a Higher-Level Review, wanting a judge points to a Board appeal, and a final decision older than one year usually points to a CUE motion.
- Is this eligibility check a decision on my claim?
- No. Only the Department of Veterans Affairs decides eligibility and ratings. This tool routes you to the review lane that matches your facts under 38 CFR, and no representative may guarantee any outcome under 38 CFR § 14.632.
- Does it cost anything to have my situation reviewed?
- No. Reviewing your situation is free. If representation follows, a VA-accredited claims agent may charge only a contingent fee on past-due benefits under 38 CFR § 14.636. VA presumes 20% is reasonable, but up to 33⅓% may be allowed if justified. No fee at all may be charged for an initial claim filed before a VA decision.
Prefer to talk it through? Request a free consultation or call (760) 702-4507.