Understanding and Filing a Supplemental Claim with New Evidence to the VA
Introduction
Hello, brave veterans! Today, we’re diving into the maze of the VA claims process, specifically focusing on the twisty-turny world of supplemental claims. Think of this post as your trusty map, guiding you through the terrain of new evidence, helping you stake your claim (pun intended) in the VA landscape.
What Constitutes New and Material Evidence
Definition and Legal Framework
In the VA’s secret code (also known as 38 C.F.R. § 3.156(b)), ‘new evidence’ is like finding a hidden treasure that wasn’t part of your original claim. This gem has the power to change the game — the outcome of your claim, to be exact.
Legal References: Bond v. Shinseki
Imagine a courtroom drama, where evidence submitted during the appeal period is the star witness. The case of Bond v. Shinseki taught us that this evidence must be assessed to see if it’s new and worthy (material, in legal lingo).
Importance of Explicit Determination
It’s not enough for the VA to nod and file your evidence away. As per Bond v. Shinseki, they need to roll out the red carpet and give it the explicit determination it deserves.
Identifying New and Material Evidence
Differentiating New Evidence
Separating new evidence from old is like sifting through a treasure chest. You’re looking for the pieces you haven’t seen before.
Material Evidence
A piece of evidence is material if it’s like the missing piece of a puzzle — it has the potential to complete and change the picture of your claim.
Examples
Think new medical reports, witness statements that no one heard before, or maybe a diary entry that sheds new light.
The Process of Filing a Supplemental Claim
Before Filing
Gather your evidence like a detective. Organize it, label it, make it shine.
Filing Process
Now, you’re ready for action. Fill out VA Form 20-0995, your ticket to the supplemental claim ride. Submit it where the VA tells you to, and remember, the clock’s ticking.
Timeline
There’s an appeals period, a window of opportunity. Miss it, and it’s game over. So, mark your calendars!
VA’s Review Process
Initial Review
Once the VA gets your claim, it’s like the opening scene of an investigation. They’re looking at everything with a magnifying glass.
Assessment of New Evidence
The VA plays the role of the judge, assessing your new evidence against their secret checklist.
Decision Making
Based on this, they’ll decide the fate of your claim. It can go either way, so cross your fingers!
What If the Claim Is Denied Again?
Further Appeals
If the VA says ‘no’ again, don’t lose heart. There are more paths to explore, more appeals to file.
Legal Recourse
Remember, you’re not alone in this battle. Legal eagles and VSOs are there to help you fight.
Additional Tips and Best Practices
Record Keeping
Document everything like you’re writing your autobiography. Keep every piece of paper, every email.
Seeking Assistance
Don’t shy away from asking for help. VSOs and attorneys know this battlefield like the back of their hands.
Patience and Persistence
The VA claims process can test your patience worse than a long line at the DMV. Stay strong, stay persistent. Your due is out there.
Conclusion
Understanding the nuances of new and material evidence is the key to unlocking the door to a successful VA claim. When in doubt, reach out. Assistance is just around the corner, and with the right evidence and guidance, victory can be yours.
In conclusion, understanding the nuances of new and material evidence is a crucial aspect of successfully filing a supplemental claim with the VA. It’s important to recognize that this evidence must be both new (not previously considered in your claim) and material (having the potential to alter the decision of your claim). Remember, the process of filing a supplemental claim can be intricate, and seeking the right assistance can make a significant difference. We encourage all veterans to utilize the resources available and reach out for help when needed to ensure the best possible outcome for their claims.
Additional Resources
Links to VA Resources
For veterans looking to file a supplemental claim, the VA provides necessary forms and guidelines that can be easily accessed online. Here are some essential links:
- VA Form 20-0995 – Decision Review Request: Supplemental Claim
- Information about the form: https://www.va.gov/decision-reviews/supplemental-claim/file-supplemental-claim-form-20-0995/#:~:text=Use%20this%20Supplemental%20Claim%20form,such%20as%20the%20PACT%20Act).
List of VSOs and Legal Aid
Veterans seeking professional assistance with their claims can find a list of accredited attorneys, claims agents, or representatives through the VA’s accreditation search tool. Additionally, complete lists of these professionals are available for download.
- Download Complete Lists of Accredited Professionals
- Download lists in Excel format: https://www.va.gov/ogc/apps/accreditation/index.asp
Utilizing these resources can provide veterans with the support and guidance needed to navigate the complexities of the VA claims process successfully.