A denial from the VA isn’t the end of the road for your disability claim. If new evidence becomes available or if you believe your claim deserves reconsideration, a VA Supplemental Claim could be the solution. This process allows veterans to submit additional evidence to support their claim and request a reevaluation. In this article, we’ll discuss what VA Supplemental Claims are, when to use them, and how to file one effectively to improve your chances of success.
What Is a VA Supplemental Claim?
A VA Supplemental Claim is a type of appeal under the Appeals Modernization Act (AMA). It allows veterans to reopen their denied or undervalued claims by presenting new and relevant evidence. Unlike a Higher-Level Review, the Supplemental Claim process permits the submission of new information that was not included in the original claim.
When to File a VA Supplemental Claim
You should consider filing a Supplemental Claim if:
• Your initial claim was denied because of insufficient evidence.
• You have obtained new medical records, nexus letters, or other documentation that supports your case.
• Your condition has worsened, requiring a reassessment of your disability rating.
• You were denied due to missing or incomplete information in your original claim.
What Counts as New and Relevant Evidence?
To be successful, a Supplemental Claim must include “new and relevant” evidence. Here’s what that means:
• New Evidence: Information not previously submitted to the VA. This could include updated medical records, new diagnostic tests, or statements from medical professionals.
• Relevant Evidence: Information that directly supports your claim and helps establish a service connection or demonstrates the severity of your condition.
How to File a VA Supplemental Claim
- Complete VA Form 20-0995: This is the official form for submitting a Supplemental Claim. Clearly specify the issue(s) you want to be reconsidered.
- Gather New Evidence: Collect all relevant documents, including medical records, nexus letters, buddy statements, and any other evidence that strengthens your case.
- Submit Your Claim: File your completed form and new evidence online, by mail, or in person at a VA Regional Office.
- VA Review Process: Once submitted, the VA will review the new evidence alongside your original claim and make a decision.
Benefits of Filing a Supplemental Claim
• Opportunity to Provide Additional Evidence: Unlike other appeal options, Supplemental Claims allow you to submit new information.
• Preserves Your Effective Date: If you file within one year of the initial decision, your effective date will remain the same, ensuring you receive back pay if your claim is approved.
• Straightforward Process: The Supplemental Claim process is less formal and faster than appealing to the Board of Veterans’ Appeals.
Common Types of Evidence for Supplemental Claims
• Nexus Letters: Medical opinions connecting your condition to your military service.
• Updated Medical Records: Documentation showing the progression or worsening of your condition.
• Buddy Statements: Statements from fellow service members or family members describing how your condition affects your daily life.
• Scientific Studies: Research that links your condition to specific exposures or incidents during service.
Tips for a Successful VA Supplemental Claim
• Be Thorough: Ensure all new evidence is complete and directly relevant to your claim. Missing information can delay the process or result in another denial.
• Work with a Professional: VA-accredited representatives or Veterans Service Organizations (VSOs) can help you prepare and submit your claim effectively.
• Meet Deadlines: File your Supplemental Claim within one year of the VA’s decision to preserve your effective date.
• Explain the Relevance: When submitting evidence, include a brief explanation of how it supports your claim.
Challenges of Supplemental Claims
While Supplemental Claims can be an effective way to address a denial, they also come with challenges:
• Burden of Proof: The responsibility lies with you to provide sufficient new evidence to overturn the VA’s decision.
• VA Delays: Although the process is faster than some appeals, it can still take several months for the VA to issue a decision.
• Potential for Denial: If the new evidence is not strong enough or deemed irrelevant, the VA may deny the Supplemental Claim.
Conclusion
VA Supplemental Claims are an essential tool for veterans seeking to challenge a denied claim or adjust their disability rating. By submitting new and relevant evidence, you can strengthen your case and potentially secure the benefits you deserve. However, navigating the process can be complex, and proper preparation is key. At Veterans Valor, we specialize in guiding veterans through the Supplemental Claim process, ensuring their evidence is compelling and their submissions are complete. Contact us today to learn how we can assist you in achieving your VA benefits goals.
