A denial letter for a parent’s pension or Aid and Attendance claim can feel final. It usually isn’t. Since February 2019, VA decisions can be reviewed in three ways, and choosing the right one can save months.
Here’s how to pick.
Start with the decision letter
The letter explains what VA decided, what evidence it used, and why it said no. Common reasons for pension and Aid and Attendance denials are income or net worth over the limit, missing medical evidence of the need for care, or service that didn’t meet the wartime rules12. Note the date on the letter: your review clock starts there.
The three review options
| Option | Use it when | New evidence? | Form |
|---|---|---|---|
| Supplemental Claim | You have new and relevant evidence VA didn't consider | Yes | VA Form 20-0995 |
| Higher-Level Review | You think VA made an error on the same evidence | No | VA Form 20-0996 |
| Board Appeal | You want a Veterans Law Judge to review the case | Depends on docket | VA Form 10182 |
Source: VA, Choosing a decision review option3.
Supplemental Claim
Best when the claim failed for lack of proof, such as a missing doctor’s statement on VA Form 21-2680 or care receipts. VA can help gather new evidence you identify, like medical records3.
Higher-Level Review
A more senior reviewer looks at the same evidence. You can ask for a one-time informal conference to point out specific errors, which may delay the review3. Use it if, for example, VA miscounted income or ignored medical expenses you reported.
Board Appeal
A Veterans Law Judge at the Board of Veterans’ Appeals reviews the case. You choose Direct Review (no new evidence or hearing), Evidence Submission, or a Hearing3.
How long reviews take
For benefits other than health care, VA’s goal is an average of 125 days for Supplemental Claims and Higher-Level Reviews, and an average of 365 days for Board appeals on the Direct Review docket; Evidence Submission and Hearing dockets take longer3.
Request a review within 1 year of the date VA issued the decision. If you keep pursuing the issue by filing one review after another, each within a year of the last decision, VA keeps the original claim’s effective date. A Supplemental Claim filed more than a year later starts a new effective date, unless VA extends the deadline for good cause4.
You can switch to a different review option while one is pending, as long as you’re still within a year of the prior decision4.
A worked example
VA denies a widow’s Survivors Pension in March 2026 because her net worth appeared to exceed $163,6995. Her family realizes VA counted the house. Because the error is in how VA applied its own rule and no new evidence is needed, a Higher-Level Review fits: the home and up to 2 acres of land are excluded from net worth6. Filed by March 2027, the review keeps her original effective date4.
If instead the denial said she didn’t need help with daily activities, and her doctor has since completed a detailed VA Form 21-2680, that’s new and relevant evidence for a Supplemental Claim37.
Tips for pension and Aid and Attendance denials
- Net worth denials. Check whether VA counted the home; a primary residence on up to 2 acres is excluded6. See net worth and look-back.
- Income denials. Make sure all care costs were reported; they lower countable income. See unreimbursed medical expenses.
- Medical denials. A fuller VA Form 21-2680 describing daily help or supervision is new evidence for a Supplemental Claim7.
Free help and fees
Accredited VSO representatives help with reviews for free. Accredited agents and attorneys may charge for work done after VA issues its initial decision; fees up to 20% of past-due benefits are presumed reasonable and fees over 33 1/3% are presumed unreasonable8. See finding an accredited representative.