What Are VA Evidence Appeals?
Explaining VA evidence appeals is the focus of this article. The VA Regional Office (VARO) and Board of Veterans’ Affairs (BVA) often deny many Veteran’s claims for lack of evidence on one of the key elements of their disability claim. In many cases, if you are able to find new evidence relating to the part of your claim that the VARO and the BVA stated was missing, you have legal grounds for appeal. You can file a “claim to reopen” a prior claim as soon as possible. Oftentimes, the VARO and the BVA improperly decide that evidence was either not new or not material.
What is “New Evidence”?
Evidence is new if it has not been previously considered by the VARO or the BVA. Has the VARO or the BVA seen and considered it before in prior claims? If not, it is new evidence.
When you receive a VA Ratings Decision, look at the list of “evidence considered”. If the evidence you have is not listed on the “evidence considered”, and the evidence does not appear in your C-File, you have a good argument that the evidence is “new”.
Do you have new evidence that could help in securing your claim? If so, let us help you with obtaining your rightful benefits. CALL NOW – 800-861-7262 for a free legal consultation.