Filing a Supplemental Claim for VA Benefits: A Step-by-Step Guide

Understanding Supplemental Claims

A supplemental claim is a request for the VA to review your claim again with new and relevant evidence that was not available during your original claim or appeal. It's important to understand that this is different from filing a new claim, which would be for a different benefit or condition.

You should use a supplemental claim when you have additional evidence that supports your existing claim. This could include new medical records, statements from witnesses, or other documentation that was not previously available.

Eligibility for Filing a Supplemental Claim

To be eligible to file a supplemental claim, you must meet the following criteria:

• You have already filed an initial claim and received a decision from the VA.
• You have new and relevant evidence that supports your claim.
• You are filing within one year of receiving the VA's decision on your original claim or appeal. This is known as the one-year window. If you miss this deadline, you may lose your right to file a supplemental claim unless you can prove good cause for the delay.

If you are unsure whether you meet these criteria, it's recommended to consult with a Veterans Service Organization (VSO) or a VA-accredited attorney.

Gathering New and Relevant Evidence

New and relevant evidence is crucial for supporting your supplemental claim. This type of evidence must be both new, meaning it was not previously submitted to the VA, and relevant, meaning it directly relates to your claim.

The following types of evidence can support your supplemental claim:

• Medical records: These can include treatment notes, diagnostic test results, and hospital discharge summaries. They should clearly show a connection between your military service and the condition for which you are claiming benefits.
• Buddy statements: These are written statements from fellow servicemembers who can corroborate your account of events related to your claim.
• Service records: These can include deployment orders, performance evaluations, and other documents that show your military service history.
• Private medical opinions: These are opinions from doctors who are not employed by the VA. They should be based on a thorough examination of your condition and clearly explain how it is related to your military service.

When gathering evidence, make sure it is organized and easy to understand. Include any relevant dates, names, and locations that can help support your claim.

Filing the Supplemental Claim Form

The VA provides a specific form for filing supplemental claims: VA Form 20-0995. This form is used to request a review of your existing claim with new and relevant evidence. Here are the steps to complete and submit this form:

1. Download the form: You can find VA Form 20-0995 on the VA's website or through eBenefits.
2. Fill out the form: Provide all required information, including your personal details, claim number, and a clear explanation of why you are filing a supplemental claim. Make sure to include any new and relevant evidence that supports your claim.
3. Submit the form: You can submit VA Form 20-0995 online through eBenefits, by mail, or in person at a VA regional office. If you submit it by mail, send it to the address listed on the form for your region.
4. Follow up: After submitting your supplemental claim, follow up with the VA to ensure they received it and that all necessary evidence is included.

If you need help completing VA Form 20-0995, contact a VSO or a VA-accredited attorney for assistance.

The Review Process

After filing your supplemental claim, the VA will review your new and relevant evidence. This process can take several months. You should check the status of your claim regularly using eBenefits or by contacting the VA directly.

During this time, you may be asked to provide additional information or attend a medical examination. It's important to respond promptly to any requests from the VA to avoid delays in processing your claim.

Appealing a Denied Supplemental Claim

If your supplemental claim is denied, you have the right to appeal the decision. The appeals process involves several steps and options for review:

1. Higher-Level Review: This option allows you to request that a senior VA claims adjudicator review your claim de novo (meaning without deferring to the prior decision). You have one year from the date of the denial to file this type of appeal.
2. Board Appeal: If you are not satisfied with the results of the Higher-Level Review, you can appeal to the Board of Veterans' Appeals. This process can take longer but provides a more thorough review of your claim.
3. Court Appeal: As a last resort, you can appeal to the U.S. Court of Appeals for Veterans Claims if you are not satisfied with the Board's decision.

The appeals process can be complex and time-consuming. It is recommended to seek assistance from a VSO or a VA-accredited attorney if your supplemental claim is denied.

FAQs

What is the difference between a supplemental claim and a new claim?

A supplemental claim uses new evidence to support an existing claim, while a new claim is for a different benefit or condition.

How long does it take to process a supplemental claim?

The processing time can vary but typically takes several months. Veterans should check their status regularly.

Can I file a supplemental claim if my original claim was denied?

Yes, you can file a supplemental claim even if your original claim was denied, as long as you have new and relevant evidence to support it.

What types of evidence are considered new and relevant?

New and relevant evidence includes medical records, buddy statements, and any other documentation that supports your claim for benefits.

Do I need a lawyer to file a supplemental claim?

While not required, having legal representation can be beneficial in navigating the complex claims process.

Can I appeal if my supplemental claim is denied?

Yes, you have the right to appeal a denied supplemental claim. The appeals process involves several steps and options for review.