When you receive an unfavorable determination on your VA disability claim, or you receive new medical evidence that may increase your disability rating, you might file a supplemental claim to pursue the benefits you deserve. New medical evidence can bolster your claim of having a service-connected disabling condition entitling you to VA disability benefits. But how often do supplemental claims succeed in appeals of VA disability cases?
Understanding Supplemental Claims
Under the current VA appeals system, veterans have three options for challenging the denial of their disability benefits claim or challenging the disability rating assigned to their condition. These options include:
- Supplemental claim
- Higher level review
- Review by the Board of Veterans Appeals
A supplemental claim allows a veteran to submit new evidence not previously considered by the VA. Veterans may pursue supplemental claims when appealing an adverse decision on their disability benefits claim when the VA based their decision on a lack of sufficient evidence or when the veteran obtained new evidence during the pendency of their initial claim that bolsters the strength of their application, proving the existence of a disabling medical condition, the severity of that condition, or a service connection for the condition.
Success Rates for Supplemental Claims
Although the VA does not publish specific data regarding success rates for veterans’ supplemental claims, filing supplemental claims allows some veterans who have their disability benefits applications denied on initial review to have their claims ultimately accepted. Because the VA’s denial notice may highlight evidentiary deficiencies that led to the denial of the veteran’s initial claim, supplemental claims enable veterans to gather evidence that establishes the existence of their medical condition, the severity of their condition, or a service connection.
Factors That Influence the Outcome of Supplemental Claims
Some of the factors that may affect the success of a veteran’s supplemental claim include:
- The strength of new evidence: The most crucial factor to the success of a supplemental claim includes the strength of the new evidence submitted in the claim.Â
- Timing and completeness of appeal: A well-organized supplemental claim has a better chance of convincing claims reviewers to change their initial determination. Furthermore, veterans should remember to submit their supplemental claims within the appeal period.Â
- Addressing original reason(s) for denial: A supplemental claim that submits new evidence directly related to the reason(s) why the VA denied an initial claim can give a veteran the best chance of success on appeal.Â
- Representation by a VA-accredited attorney: Seeking professional assistance from a VA disability lawyer can improve your chances of getting approved for benefits or increasing your disability rating in a supplemental claim. An attorney will have a thorough understanding of VA rules and regulations and can help you identify new evidence to submit in your supplemental claim to address the deficiencies in your initial claim.Â
Tips for Improving Your Chances of Success
Best practices that can help you improve your chances of obtaining a more favorable determination in a supplemental claim include:
- Gathering all available medical records and obtaining compelling nexus letters from qualified medical practitioners
- Explaining how your new evidence addresses the reason(s) for the VA’s initial determination
- Ensuring that you have correctly completed all forms
- Working with an experienced VA disability lawyer
Contact a VA Disability Benefits Lawyer Today
When you have new medical evidence to bolster your disability claim, you can file a supplemental claim to challenge a denial or disability rating or to assert a secondary condition. Contact Veterans Law Attorneys today for a free, no-obligation consultation with a VA disability attorney for help to improve your chances of success in getting a supplemental claim accepted by the VA.
