The Department of Veterans Affairs (VA) handles disability compensation of ex-military members. Veterans who are unhappy with the compensation or didn’t receive fair compensation can submit an appeal. Three appeal process lanes challenge the VA disability claim decision, including higher-level review, supplemental claims, or going directly to the board.
What Is a VA Supplemental Claim?
This is filed by a victim who submits a prior claim lacking valuable or required information to receive more favorable decisions. The VA adjudicates the claim when new and relevant evidence gets presented to enable veterans to challenge unfavorable decisions without a lengthy process associated with the Board of Veterans Appeals (BVA). Supplemental claims are a swift alternative that enables claimants to submit extra information that isn’t included in the actual claim.
Supplemental Claim Effective Date
A VA disability claimant receives an effective date for receiving disability compensation. Supplemental claims are secondary appeal claims and must be filed within the set date to preserve the effective date. Disabled veterans who wait for case decisions are usually eligible for a VA effective date back pay to enable the VA to settle the benefits accrued since the victim’s effective date. Veterans can submit an unlimited number of VA supplemental claims.
When Is a Supplemental Claim Utilized?
Filing a VA supplemental claim depends on the situation of the claimant. You can pursue a Higher-Level Review (HLR) if you notice a mistake made by the adjudicator. The approach allows you to present the existing facts to a seasoned adjudicator who will decide whether the original reviewer missed some details or failed to make proper decisions. A supplemental claim gets applied when the claimant lacks the necessary information for a successful claim, including a medical diagnosis. Veterans must submit medical diagnoses from an accredited healthcare professional to corroborate their claims. The veteran can receive a current medical diagnosis from a doctor and file a supplemental claim with relevant and new evidence.
Relevant and New Evidence
The evidence in a VA supplemental claim should be relevant and new. New information may be evidence that VA hasn’t seen and doesn’t repeat anything that’s already reviewed. Relevant evidence includes issues requiring an appeal; the information must link to the disputed condition. Below is a list of relevant and new evidence:
- Independent medical opinions: A third party can provide an unbiased opinion that may impact the VA claim decision and evidence.
- Service records: Veterans can compile documentation from active service regarding medical treatment for a condition or a statement from numerous service members that highlights the service connection or disability severity.
- Medical treatment records: These records include a secondary condition, observation of increased severity, and a new diagnosis that a healthcare provider records.
- Lay evidence: Individuals interacting with the claimant can record their experiences with the victim. They can record the behaviors and physical conditions that may not have been submitted to the VA before filing the case.
Supplemental Claim Timeline
The primary goal of the Appeals Modernization Act of 2017 (AMA) is to streamline the VA’s decision-making process and minimize wait times for victims who submit a claim. The VA has up to 125 days in the supplemental claim lane for issuing decisions. Veterans can check their VA supplemental claim status anytime by visiting local VA regional offices, logging into the Appeals Tracker, or calling the VA via (800) 827-1000.
The Supplemental Claim Success Rate
The 2018 annual BVA report indicates that the success rate for disability appeals is 35:75 percent. The AMA reached full implementation the following year, so there isn’t adequate data regarding the success rates of VA supplemental claims. The combination of the VA’s duty to assist and the more straightforward forms of gathering information indicates that claimants can now receive the compensation they deserve.
VA uses the effective date to clear disability benefits for veterans’ claims. The effective date highlights the retroactive benefits and is based on when the VA receives the application for the benefits. Work with a seasoned veteran’s affairs attorney to assist you in securing maximum compensation.
