A VA claim denial is when the Department of Veterans Affairs has rejected the veteran’s request for disability benefits. Even if that happens, there is a way to reopen the claim and submit new evidence. If you’ve had a VA claim denied but have new evidence to support it, keep reading to learn how the process goes when reopening and submitting new evidence.
What Qualifies As a VA Claim
There are many different types of VA claims. Veterans who served our country deserve support when it comes to service-related health issues. These claims can cover a wide range of physical and mental issues. Here are a few examples of what qualifies as a disability claim:
- PTSD (Post Traumatic Stress Disorder)
- Asthma
- Joint and Back Pain
- Sleep Apnea
- Schitzophrenia
These are just a few examples of the different types of disability claims. There are also different types of claims.
- Direct Service Connection: This is when the condition is directly related to military service. This is considered the most straightforward type of claim.
- Secondary Service Connection: When a service-connected condition causes another condition to arise.
- Presumptive Service Connection: Certain conditions are presumed to be service-connected based on specific service circumstances.
- Aggravation: When a pre-existing condition is worsened by military service.
- Special Claims: Including claims for Agent Orange exposure, radiation exposure, and Gulf War Syndrome.
Steps to Reopen a VA Claim
After a veteran receives a denial for their initial claim, they can start the reopening process. However, the claim must be eligible for the VA to reopen it. Generally, the Supplemental Claim lane of appeal is how you reopen a denied claim with new evidence. Applies to virtually any type of VA benefit claim decision you disagree with, provided you have new and material evidence. The list provided is not exhaustive of all claim types that can be reopened, but rather common ones.
- Service-connected VA disability compensation
- Dependency indemnity compensation
- Burial benefits
Next, the veteran must prove that there is new and material evidence. This means that the evidence has never been seen by the VA, and the evidence raises a theory of entitlement that was not previously addressed. The VA may also help obtain evidence. Examples of new and material evidence include the following:
- A buddy statement from a fellow service member
- Private medical records linking a veteran’s condition to their service
- New service records obtained from NPRC
- Photographs or letters from a veteran’s time in service
- A nexus opinion from a doctor with access to their service history
After gathering the new and material evidence, veterans need to complete and submit VA Form 20-0995, which is a Supplemental Claim, to the regional office. This claim is generally filed within one year of the VA’s initial decision for the earliest possible effective date for benefits. If not, the effective date for benefits might be later. This can be done through mail, in person, and through the website. After the VA reviews the request with the new evidence, it will decide if the evidence is new and material. If so, the case will reopen.
If the VA denies reopening a claim, a veteran has the opportunity to appeal. A veteran can:
- File a Higher-Level Review
- File another supplemental claim with stronger evidence
- Appeal to the Board of Veterans’ Appeals
Read More: Can You Reopen a Previously Denied VA Disability Claim?
When An Attorney Should Be Involved
An attorney should be involved before you file your initial claim for VA disability benefits. This ensures that you understand what is required to have your claim approved and what type of evidence you can submit to strengthen your case. However, if you have already filed your claim and have received a notice of denial, it’s important to meet with an attorney as soon as possible to discuss your options.
Need to Reopen a Claim?
If you need to reopen a claim, reach out to Coskrey Law. They’ll be able to help you go through the process and help you obtain the evidence to make sure your claim gets reopened. Reopening a claim can be a process, especially if you’re not familiar with all the details that go into it. Contact Coskrey Law to help with your claims today.