skills/complete-veteran-benefits/references/review-and-deadlines.md

# Decision Review and Deadlines

## Identify the decision before choosing a lane

Record the benefit, issue, deciding body, notice date, exact disposition,
current review lane, and prior reviews. Separate an initial AOJ decision,
Supplemental Claim decision, HLR decision, Board decision, court decision,
proposed reduction, and contested claim. Ask for missing notices when needed.

Read governing law and the current notice/form instructions. Research starting
points include 38 U.S.C. §§ 5104A, 5104B, 5104C, 5108, 7105 and 7266;
38 C.F.R. §§ 3.104(c), 3.2500, 3.2501, 3.2601 and applicable Part 20 rules.
These are locators to verify, not substitutes for reading the applicable text.

## AMA comparison

| Lane | Research question | Critical distinction |
| --- | --- | --- |
| Supplemental Claim | What new and relevant evidence addresses the denied element? | Separate availability of this lane from continuous-pursuit/effective-date protection. |
| Higher-Level Review | What factual or legal error is demonstrable in the closed record? | New evidence is not accepted. Distinguish argument about existing evidence from a new factual submission. Check whether the previous decision makes HLR unavailable. |
| Board Direct Review | Can the existing record support Board review of the issue? | Do not promise a new evidence opportunity in this docket. |
| Board Evidence Submission | What evidence is needed and when is it admissible? | Retrieve the exact evidence-window rule and its triggering date. |
| Board Hearing | What testimony or hearing is useful, and what evidence window applies? | Verify rules for the hearing, withdrawal, postponement, or missed hearing as relevant. |

Do not recommend simultaneous lanes for the same issue without verifying that
it is permitted. Evaluate issues individually. An HLR duty-to-assist correction
can involve later development; that does not make HLR an open evidence lane.
Check the legal effect of favorable findings before relitigating conceded facts.

## Deadlines

Never apply a universal one-year rule to all notices. Distinguish filing time
limits, continuous pursuit, evidence windows, and payment-effective-date rules.
Use the notice and controlling rules to identify the triggering event, number
of days/months, filing destination, receipt/postmark rules, and any applicable
weekend, holiday, extension, or tolling issue. Do not promise an exception.

A Board decision can raise Court of Appeals for Veterans Claims review and
special timing consequences. Read the Court's instructions and governing law
rather than routing it automatically to HLR. For an imminent uncertain deadline,
explain urgency and the specific missing fact; offer accredited assistance while
continuing to organize records and options.

## Reductions, severance, and protected ratings

Read the actual proposed or final action. Research applicable 38 C.F.R.
§§ 3.105, 3.344, 3.951, 3.957 and other relevant protections, as well as
controlling precedent. Distinguish service connection from evaluation protection,
and temporary total, stabilized, and long-standing evaluations. Verify the
particular notice, hearing, and response deadlines instead of substituting an
ordinary increased-rating or decision-review workflow.

## Official starting points

- [VA review options](https://www.va.gov/decision-reviews/)
- [VA HLR](https://www.va.gov/decision-reviews/higher-level-review/)
- [VA Supplemental Claims](https://www.va.gov/decision-reviews/supplemental-claim/)
- [VA Board Appeal](https://www.va.gov/decision-reviews/board-appeal/)
- [CAVC appeal instructions](https://www.uscourts.cavc.gov/appeal.php)

Reopen relevant pages at use time. Do not embed processing-time promises.