If your VA disability claim has been denied or you’re dissatisfied with the VA’s decision, filing a Supplemental Claim can be a powerful way to strengthen your case. Unlike a Higher-Level Review, a Supplemental Claim allows you to submit new and relevant evidence to support your appeal. This article will explain what a Supplemental Claim is, how to file one, and how it can help you achieve a favorable outcome.
What Is a Supplemental Claim?
A Supplemental Claim is one of the three options available under the VA’s Appeals Modernization Act (AMA). It allows veterans to provide new evidence related to their disability claim that was not previously considered. This new evidence can help fill gaps in the original claim and potentially change the VA’s decision.
Key Features of a Supplemental Claim:
• New and Relevant Evidence: The claim must include evidence that is new (not previously submitted) and relevant (directly related to the denied claim).
• Reevaluation of the Claim: The VA will review the new evidence alongside the original claim to determine if the decision should be changed.
When Should You File a Supplemental Claim?
Filing a Supplemental Claim is a great option in the following situations:
• You Have New Evidence: If you’ve obtained new medical records, expert opinions, or other documentation that supports your claim, a Supplemental Claim is the right choice.
• Your Original Evidence Was Insufficient: If your initial submission didn’t fully demonstrate the severity of your condition or its connection to your service, new evidence can strengthen your case.
• You Missed the Appeal Deadline: If the one-year deadline for a Higher-Level Review or Board of Veterans’ Appeals review has passed, you can file a Supplemental Claim at any time.
How to File a Supplemental Claim
- Complete VA Form 20-0995: This is the official form used to file a Supplemental Claim. Clearly indicate the specific claim you’re appealing and attach your new evidence.
- Submit New and Relevant Evidence: Include any documentation that was not previously considered, such as medical records, Nexus letters, or buddy statements. Ensure that the evidence directly supports your claim.
- Submit Your Claim to the VA: You can file your claim online, by mail, or in person at your local VA Regional Office. Be sure to keep copies of all submissions for your records.
What Counts as New and Relevant Evidence?
The VA requires that the evidence you submit with your Supplemental Claim meets the following criteria:
• New: The evidence must not have been part of the original claim file.
• Relevant: The evidence must directly address the reason your claim was denied or provide additional support for your case.
Examples of new and relevant evidence include:
- Updated medical records showing the progression of your condition.
- A Nexus letter linking your disability to your service.
- Testimony from fellow service members supporting your claim.
What Happens After You File a Supplemental Claim?
Once you submit your claim, the VA will review the new evidence and reassess your case. The process typically follows these steps:
• Initial Review: The VA confirms that the evidence is new and relevant.
• Decision Review: A VA claims adjudicator reevaluates your claim, considering both the new evidence and the original file.
• Notification of Decision: The VA sends you a new decision letter outlining the outcome of your claim.
The VA aims to process Supplemental Claims within 125 days, though processing times may vary depending on the complexity of the case.
Advantages of Filing a Supplemental Claim
• Opportunity to Strengthen Your Case: By submitting new evidence, you can address the gaps that led to your initial denial.
• No Strict Deadline: Unlike other appeal options, a Supplemental Claim can be filed at any time after the original decision.
• Preservation of the Effective Date: If you file a Supplemental Claim within one year of the original decision, you can preserve your original effective date, maximizing retroactive benefits.
Challenges to Keep in Mind
While Supplemental Claims offer many benefits, they also come with challenges:
•Burden of Evidence: You must provide compelling new evidence to support your case. Without it, the VA is unlikely to change its decision.
•Processing Time: While the VA aims to process these claims quickly, delays can still occur, especially for complex cases.
Conclusion
Filing a Supplemental Claim is an excellent way to present new evidence and improve your chances of receiving a favorable decision. Whether you’ve obtained new medical records, expert opinions, or supporting documentation, a well-prepared Supplemental Claim can make all the difference. At Veterans Valor, we specialize in helping veterans gather and submit the evidence they need to succeed. If you’re unsure about how to proceed, contact us today for expert guidance.
