The feeling of getting your VA disability claim denied can be extremely frustrating and discouraging. Many veterans view this as the end of the road and accept the denial. However, this doesn’t have to be the case. If your VA disability claim was denied in the past, you may be able to reopen it and try again if you meet specific criteria. In this blog, we will go over how this works and what veterans can do to strengthen their claim.
When Can You Reopen a VA Disability Claim?
There are only two different circumstances where reopening a claim is an option:
- The appeal deadline has passed: Veterans have 120 days from the date of their decision to file an appeal.
- They already went through the appeal process: The veteran already went through the entire appeals process, including the Board of Veterans’ Appeals and the Court of Appeals for Veterans’ Claims.
Reopening a VA disability claim is typically used as the last option for veterans after they miss the deadline or have already gone through the entire appeals process. Additionally, in order to reopen a claim, veterans must have new and relevant evidence. This is any new evidence that the VA hasn’t already seen in your previous claim and could provide further support to the claim.
What Qualifies as New and Relevant Evidence?
New and relevant evidence is necessary to reopen a VA disability claim. Below are some examples of new and relevant evidence veterans could use in their reopened claims:
- Updated Medical Records: Any medical evidence that shows your condition has gotten worse or if you received a more precise diagnosis could support your claim
- Medical Nexus Letters: These are written doctor’s statements that connect your condition to your military service and can help prove service connection. 4
- Buddy Statements: Any statements from fellow service members or family members that demonstrate the severity of your disability and impact on daily life.
- New Service Records: If you discover any additional military records that were not submitted in your previous claim that help prove service connection, the VA has to take them into account.
How to Reopen Your VA Disability Claim
The first step to reopening your VA disability claim is to make sure you have new and relevant evidence. Your claim will receive the same decision it received the first time if you do not provide anything new that supports your claim.
Next, you will need to fill out the VA form 20-0996, otherwise known as a Supplemental Claim. This form lets the VA know that you have new evidence you want to submit for reconsideration of your claim. Be sure to include your new evidence along with this form for review. You can find this form online on the VA.gov website and can submit it online, by mail, or in person at a VA office.
Once you file your Supplemental Claim, the VA will:
- Review your new evidence
- Determine if it changes the outcome of your case
- Potentially issue a new decision
Common Mistakes to Avoid When Reopening a Claim
Veterans should be sure to avoid these common pitfalls when deciding to reopen their claim:
- Submitting Duplicte Evidence: The key to reopening a claim is new evidence. If it was included in your previous claim, it is not new.
- Filing an Appeal Instead of a Supplemental Claim: If the appeal deadline was missed, the best option for veterans is to reopen with new evidence.
- Skipping a Medical Nexus Letter: If your claim was denied previously for not being clearly connected to military service, this piece of evidence can significantly strengthen your claim.
- Not Following Up: The VA handles thousands of claims, making it important for veterans to continue to follow up and check the status of their claims.
Take Action Today
If your VA disability claim was denied in the past, there is still a chance you can receive the benefits you deserve. Reopening your claim with new and relevant evidence can significantly increase your chances of a successful claim the second time around.
Need help navigating the process? Contact Coskrey Law today for expert guidance.