After the VA denies your disability benefits application, you have several options for appealing the denial of your application, such as filing a supplemental claim. A supplemental claim in a VA disability benefits application allows a veteran to provide the VA with “new and relevant evidence” to bolster their claim to disability compensation. But what constitutes “new and relevant evidence?” Knowing what evidence you can and need to present in a supplemental claim can increase your chances of getting the disability benefits you deserve.
The Legal Standard of “New” vs. “Relevant”
VA regulations govern the filing and consideration of supplemental claims in disability compensation applications. These regulations define when evidence qualifies as “new” or “relevant.” “New” evidence includes evidence not previously part of the record reviewed by VA claims examiners. “Relevant” evidence includes information that tends to prove or disprove an issue in a benefits claim, or evidence that raises a theory of entitlement to benefits not previously addressed by the parties.
Current regulations supplanted the VA’s prior standard, which required veterans to submit “new” and “material” evidence. The current standard does not impose a higher evidentiary burden on veterans than the prior “new and material” standard.
Examples of Evidence That Qualify as New and Relevant
Common examples of evidence or information that the VA might consider as “new and relevant” for a supplemental claim include:
- New medical opinions or nexus letters from treating providers or independent examiners that address the grounds for the initial claim denial
- Updated medical and treatment records that provide a formal diagnosis or show progression of symptoms or continued impairment
- Buddy statements providing new details about in-service events or the nature of a veteran’s symptoms
- Private medical records not previously submitted into the record
Evidence for a supplemental claim must address one or more of the reasons why the VA initially denied a veteran’s disability benefits application, such as a lack of a service connection, lack of a formal diagnosis, or lack of objective medical evidence of symptoms.
What Doesn’t Qualify
Certain kinds of records or evidence may not qualify for submission as part of a supplemental claim, such as:
- Additional medical documentation containing information already in the claim file
- New evidence that does not address the reason or reasons for the initial denial
- Notes or letters that do not provide specific, substantive information (i.e., statements that speak in generalities or use vague language)
Why New and Relevant Evidence Matters to Supplemental Claims
Submitting new and relevant evidence in a supplemental claim can improve a veteran’s chances of having their original disability benefits application approved. When the VA approves an application after a supplemental claim, the veteran keeps the original effective date of their initial application. This earlier effective date can provide a veteran with increased back pay (benefits from the period between the effective date of an application and the approval date), compared to filing a new disability benefits application with new and relevant evidence.
Veterans with new and relevant evidence that addresses the grounds for a prior denial of their disability benefits application can pursue a supplemental claim as an appeal route, as opposed to seeking higher-level review, which does not permit the submission of new evidence.
Contact Our VA Disability Law Firm Today
When the VA rejects your application for disability benefits, you can challenge that denial through a supplemental claim. Contact Kinman Law Office today for a free, no-obligation consultation with a VA disability benefits lawyer to learn more about supplemental claims in VA disability compensation cases and what you may need to provide to ensure the VA has “new and relevant evidence” for your claim.
