If you're a veteran who has been denied VA benefits, you may feel like you've hit a dead end. However, there is hope in the form of a supplemental claim. A supplemental claim allows you to provide new and relevant evidence to the VA in support of your previously denied claim. In this post, we'll go over what a supplemental claim is, how it works, and how to file one.
What is a Supplemental Claim?
A supplemental claim is a way for veterans to provide additional evidence to the VA in support of a previously denied claim for VA benefits. This evidence must be new and relevant to the claim in question. The VA will review the new evidence and reconsider the claim based on the updated information. The goal of a supplemental claim is to provide veterans with an opportunity to present additional information that may result in a favorable decision from the VA.
What is New and Relevant Evidence?
New and relevant evidence for VA benefits refers to evidence that was not previously considered by the VA when it made its decision on the original claim. The evidence must also be relevant to the specific claim and must provide additional support for the veteran's case.
Relevant evidence is any evidence that tends to prove or disprove a matter that is in dispute in the claim, and it must be related to the veteran's current disability or condition.
Examples of new and relevant evidence for VA benefits may include:
Updated medical records showing a change in the veteran's condition
Statements from witnesses who were not previously considered by the VA
Reports from private physicians or medical professionals who were not previously consulted by the VA
Service records or other military documentation that was not previously considered
Any new information that is directly related to the veteran's condition or disability, and which could potentially affect the outcome of the claim.
It's important to note that not all evidence is considered relevant to a VA benefits claim. For example, evidence that is not related to the veteran's current disability or condition, or which does not provide any additional support for the veteran's case, may not be considered relevant by the VA. Therefore, it's important to provide evidence that is directly related to the claim and that can help to strengthen the veteran's case.
How Does a Supplemental Claim Work?
To file a supplemental claim, you must submit new evidence that was not previously considered in the original claim or provide additional evidence to support your case. This evidence can be in the form of medical records, statements from witnesses, or other documents that support your claim. Once you submit the new evidence, the VA will review it and make a decision based on the updated information.
If the VA approves your supplemental claim, you will receive retroactive benefits dating back to the original date of your claim as long as you file your supplemental claim within one year of VA's notification of decision. This means that you will receive the benefits you would have received if your claim had been approved initially. If the VA denies your supplemental claim, you may still have other options for appealing the decision, such as filing a Higher Level Review or Appeal directly to the Board of Veterans'' Appeals.
How to File a Supplemental Claim
To file a supplemental claim, you can use VA Form 20-0995. You must also submit the new and relevant evidence you want the VA to consider. The VA recommends that you submit your supplemental claim online through the VA's eBenefits system or by mail to the VA regional office that made the original decision on your claim. However, once your claim is denied, your best action would be to consult with a VA attorney who can help you streamline your appeal strategy and help you to develop the right evidence required for your appeal.
When submitting your supplemental claim, be sure to include all relevant information and documentation. The more information you provide, the stronger your case will be. Additionally, make sure you keep copies of all documentation and correspondence with the VA in case you need it for future appeals.
Conclusion
If you have been denied VA benefits, don't give up hope. A supplemental claim can provide you with an opportunity to present new and relevant evidence to the VA in support of your claim. By submitting a strong case with all relevant evidence, you can increase your chances of a favorable decision from the VA. If you need help filing a supplemental claim or any other VA benefits claim, consider contacting a VA-accredited attorney or a veterans service organization for assistance.
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