A VA claim marked “confirmed and continued” means the VA looked at the new evidence you submitted, decided it does not change anything, and kept your existing disability rating in place. It is a decision, not a pause. If you disagree, the clock is already running: you generally have one year from the date on the decision letter to challenge it before your best options close.
What the Decision Actually Says About Your Evidence
A confirmed and continued decision tells you the VA weighed your additional records and found they did not warrant a change. The rater may have concluded the new material repeated what was already in the file, was less persuasive than other evidence, or did not meet the specific rating criteria for a higher percentage or a new service connection. Either way, the agency is finished with the question unless you push back.
Volume of evidence is not what moves a rating. The VA looks for information that speaks directly to the reason the claim was rated the way it was. More treatment notes covering symptoms already documented rarely change the outcome.
Confirmed and Continued Is Not the Same as Deferred
These two outcomes can appear on the same letter and are often confused. They point in opposite directions. A deferred claim means the VA does not yet have enough evidence to decide and is holding the issue open while it gathers what it needs. A confirmed and continued claim means the VA had enough to decide and already did.
A deferred issue usually resolves on its own as records arrive or exams are completed. A confirmed and continued issue will not. The VA does not revisit it unless you file something. Do nothing for a year and the decision becomes final.
Why the VA Confirmed and Continued Your Rating
A few patterns show up again and again:
- Treatment records that document the same symptoms already in the file, with no new findings or objective evidence of worsening.
- Evidence of current symptoms with no nexus opinion tying them to service or to the VA’s specific rating criteria.
- A private medical opinion that conflicts with treatment notes, imaging, work history, or prior exam findings, where the VA found the other evidence more persuasive.
- A private Disability Benefits Questionnaire missing provider credentials, a signature, or a date, which weakens its weight with the rater.
The common thread is that nothing in the new submission changed what the VA had already weighed. Getting past this outcome usually requires evidence aimed at the specific gap, not another stack of the same kind of records.
Your Three Options for Challenging the Decision
You have three review paths, and each does a different job. Pick based on what actually happened with your claim.
Supplemental Claim
File a Supplemental Claim when you have new and relevant evidence the VA has not seen. “New” means never considered before. “Relevant” means it proves or disproves something about the claim. The VA can help you obtain evidence you identify, such as records from a provider you have not previously listed. There is no hard filing deadline, but filing more than one year after the decision resets your effective date to the new filing date instead of the original claim date. That shift can cost months or years of backpay.1Department of Veterans Affairs. Supplemental Claims
Higher-Level Review
Choose a Higher-Level Review when you believe the VA made an error on the evidence already in the file. A more senior reviewer takes a fresh look at the same record. No new evidence is allowed. If the reviewer finds a duty-to-assist error, the review closes and a new claim opens to gather the missing evidence.2Department of Veterans Affairs. VA’s Duty To Assist You must file within one year of the decision date.3Department of Veterans Affairs. Choosing a Decision Review Option
Board Appeal
A Board Appeal sends your case to a Veterans Law Judge. You can pick direct review of the existing record, submit additional evidence without a hearing, or request a hearing where you testify. Board Appeals also carry a one-year filing deadline from the date on your decision letter. These cases generally take longer than the other two paths, but a hearing gives you the chance to explain your situation directly to the judge deciding it.3Department of Veterans Affairs. Choosing a Decision Review Option
The One-Year Deadline and What It Costs To Miss
Higher-Level Reviews and Board Appeals must be filed within one year of the date on your decision letter. Miss that window and both options are gone. A Supplemental Claim with new and relevant evidence is still available after the one-year mark, but the effective date moves forward to whenever the VA receives the filing.3Department of Veterans Affairs. Choosing a Decision Review Option For a veteran at 70% seeking 100%, the difference between the original effective date and a reset one can add up to tens of thousands of dollars in lost retroactive payments. Mark the deadline the day the letter arrives.
When a Duty-To-Assist Error Is Behind the Decision
Federal law requires the VA to make reasonable efforts to help you obtain evidence. That includes service medical records, relevant VA treatment records, and private records you identify. If the VA cannot obtain private records after at least two attempts, it must notify you and explain that it will decide on what is in the file.4Office of the Law Revision Counsel. 38 USC 5103A – Duty To Assist Claimants
When the VA falls short, it commits a duty-to-assist error. Common examples include failing to obtain private medical records you identified or never scheduling an exam you needed. This matters for choosing a review path. If a Higher-Level Review uncovers the error, the VA closes the review and opens a new claim to gather the missing evidence. If a Board Appeal finds it, the case is sent back to a regional office. In either situation, the VA must notify you in writing about the corrective steps.2Department of Veterans Affairs. VA’s Duty To Assist If you suspect the rater decided without records you told them about, a Higher-Level Review is often the faster way to surface that problem.
An accredited Veterans Service Organization representative can help you file any of these reviews at no cost. Someone who has seen many confirmed and continued decisions can usually point to the specific evidence gap the rater was looking to fill, which is more useful than another round of the same records.5Department of Veterans Affairs. Get Help From a VA Accredited Representative or VSO