When a veteran seeks VA disability benefits for the first time, they will file a new claim. However, after a veteran has filed a VA disability benefits claim, they may want to contest the outcome of their claim or assert that their condition has worsened. But does that veteran need to file a new claim or a supplemental claim? Veterans who have service-connected disabilities should understand the differences between new and supplemental claims to know what process to pursue.
What Is a New Claim?
A “new” VA disability benefits claim refers to a claim filed by a veteran for a medical condition or disability that they have never presented to the VA for consideration as a service-connected condition. Veterans will file new claims when seeking VA disability benefits for the first time or for a brand-new condition they have never presented to the VA. New claims create a file for a veteran’s claimed medical condition, such as arthritis, tinnitus, or PTSD.
What Is a Supplemental Claim?
A veteran will file a supplemental claim when they request the VA reconsider or reopen a previously denied disability claim by submitting new supporting evidence of their eligibility for benefits. Veterans frequently file supplemental claims as part of the appeals process after a denied claim. A veteran who obtains new evidence of the existence of their disability, its service connection, or its severity may file a supplemental claim to bring that evidence to the VA’s attention and ask the department to reconsider its previous determination.
The Key Differences Between New and Supplemental Claims
The primary differences between new and supplemental claims for VA disability benefits include:
- New claims apply when filing for benefits for conditions not previously reported to the VA. In contrast, supplemental claims allow veterans to ask the VA to revisit its decision on an existing claim.
- New claims allow veterans to submit any evidence they have to support their benefit applications. Supplemental claims require veterans to submit “new” and “relevant” evidence – the VA cannot have previously considered it, and the evidence must have the capacity to alter the VA’s prior decision.
- The VA often processes new claims within two-and-a-half months, though processing can take 4 to 6 months or more, depending on their complexity. Supplemental claims take two to four months to process on average, although less complex claims can take less time and more complex claims can take more time.
Which Claim Should You File?
The deciding factor in determining whether you need to file a new or supplemental claim depends on whether you have presented a specific medical condition to the VA before. If you have never asked the VA to determine the eligibility of a specific condition for VA disability benefits, you will typically need to file a new claim. However, if the VA has issued a decision on a specific medical condition before, you typically will need to file a supplemental claim if you wish to challenge the denial of your application, contest the VA’s disability rating, or allege a worsening (aggravation) of the condition.
Contact Our Firm Today for Knowledgeable Guidance Through the VA Disability Benefits Claims Process
During the process of applying for VA disability benefits, you may need to file a new or supplemental claim, depending on the current state of your case with the VA. Contact Kinman Law Office today for a free, no-obligation consultation with a VA disability benefits attorney to learn more about the differences between new and supplemental claims to determine which type of claim you need to file when seeking benefits for a service-connected condition.
