Frustrated with the VA disability claims process? You’re not alone. Long wait times and confusing procedures have plagued the system for years. However, in 2017, lawmakers passed the Appeals Modernization Act (AMA) to try and improve things. One of the biggest changes? The introduction of supplemental claims.
What is a supplemental claim?
A supplemental claim is a way to reopen a previously denied VA disability claim by submitting new and relevant evidence. Think of it as a second chance to get the benefits you deserve.
Why choose a supplemental claim?
The AMA created three paths for appealing a VA decision:
- Supplemental Claim: Submit new evidence to the same Regional Office that handled your initial claim.
- Higher-Level Review: Request a review by a more experienced Claims Examiner, but without submitting new evidence.
- Board Appeal: Appeal directly to the Board of Veterans’ Appeals, with options to submit new evidence or have a hearing.
Supplemental claims are often the best option when you have strong new evidence that could change the outcome of your case.
How to File a Supplemental Claim: VA Form 21-0995
To file a supplemental claim, you’ll need to use VA Form 21-0995. This form requires you to:
- Provide your personal information.
- Specify the issues you’re appealing.
- Submit or identify your new and relevant evidence.
- Certify that the information you’ve provided is true and correct.
Key Considerations When Filing VA Form 21-0995
- New and Relevant Evidence: The evidence you submit must be both new (not previously considered by the VA) and relevant (able to change the outcome of your claim). This could include things like medical records, lay statements from friends and family, or an independent medical opinion.
- VA Duty to Assist: When you file a supplemental claim, the VA has a duty to assist you in gathering evidence. This means they can help you request records that are in their possession.
- Statement of the Case (SOC) Election: By checking a box on Form 21-0995, you can choose to opt into the AMA system, which may offer a faster resolution to your appeal.
Getting Help with Your Supplemental Claim
Navigating the VA disability claims process can be complex. An experienced VA disability attorney can help you:
- Gather and present the strongest possible evidence.
- Understand the appeals process and make informed decisions.
- Advocate for your rights and ensure your claim is handled fairly.
Don’t give up on your VA disability benefits. If you have new and relevant evidence, a supplemental claim could be your path to a successful outcome.
Contact Cameron Firm, PC, today for a free consultation with an experienced veteran disability lawyer.
This article is for educational and marketing purposes only. Therefore, it does not create an attorney-client relationship.
