Supplemental Claims: What Are They and How Are They Used in VA Disability Appeals?
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- Опубликовано: 3 авг 2024
- Under the Appeals Modernization Act (AMA), a veteran can file a supplemental claim if he or she previously filed a claim for an injury or illness that was denied. If you disagree with the VA’s decision on your previous claim, the supplemental claim process allows you to provide new and relevant evidence supporting your previous claim. Read more here: www.woodslawyers.com/suppleme...
In this video:
0:13 History of Supplemental Claims
0:26 The Difference Between Supplemental Claims and Initial Claims
0:46 Using a Supplemental Claim to Reopen a Prior Claim
1:59 Using a Supplemental Claim in Continuous Prosecution of an Unfavorable Decision
3:10 How the VA Handles New and Relevant Evidence
If you haven't already, check out this video on the new VA disability appeals system for veterans in the Appeals Modernization Act:
⭐ The Appeals Modernization Act (AMA) Explained: • The VA Appeals Moderni...
Learn more about your other options for filing an appeal for your VA disability claim here:
⭐ Higher Level Review - • What Is a Higher Level...
⭐ Notice of Disagreement - • What Are Board Notice ...
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Very good information.
Thaanks for the video
What do you know about shelved claims? My brother filed for Vertigo in 2009. The claim was never adjudicated because the records were not in the system. I filed a new claim for him in 2019 and he was awarded 100% among those was vertigo, now declared Menieres 100%. Myself I just got 10 years backpay going to the US Court of Appeals in the legacy process and I’d like to help my brother reopen that shelved claim if I can. Any advice?
It sounds like you believe your brother should have an earlier effective date for his rating. Is that correct?
Can you submit a supplemental claim and use another C&P exam as the new and relevant evidence? Or do I need to already have evidence from another doctor in hand to file a supplemental claim?
Private medical records, in-service records, and records from the VA may be submitted to support a supplemental claim.
New medical evidence can include:
Enlistment and separation examinations
Reports from doctors
X-rays and MRIs
Laboratory test results
Psychologist reports
Documentation from your C-file
You would need to submit your new evidence along with the supplemental claim form.
I had a claim I filled back in 09 it was Denied & already closed,Do I need to Open a new claim or Do supplemental
That's a great question. Under the AMA system, you have one year from the time the VA rendered its decision on your claim to submit a supplemental claim. Since it has been more than a year since the VA decided on your claim, it looks like you will need to open a new claim.
Since I was denied sleep apnea can I open a supplemental claim/ and use it as a secondary to tinnitus. Though my research tinnitus can cause insomnia what is a mental health issues and sleep apnea can also be secondary to tinnitus
Veterans may choose to submit a supplemental claim when new evidence has arisen to support a claim that was denied. Supplemental claims are not meant to be used to submit documentation of a worsening condition for an increase in disability payment. You have one year from the time the VA made its decision on your claim to submit a supplemental claim.
I had this happen to me… I got denied sleep apnea and was granted ptsd on my initial claim. I filed a supplemental claim for sleep apnea and a nexus letter stating it was secondary to PTSD. They denied it again and this time they updated ebenefits from sleep apnea not service connected to sleep apnea no services connected related to TERA. Idk what to do now. Online they are saying it’s related to TERA but it’s not service connected yet the sent me a CUE saying my bronchitis is now 0% service connected and related to TERA. Have you ever experienced this?
Hello. I received a 10% service connection rating on rhinitis (without polyps). I have until September 2024 to appeal for an increase. I made an appointment with my doctor for bad allergies. If my doctor gives me a diagnosis of rhinitis with polyps, can I file a supplemental claim? Is this new findings/diagnosis a relevant evidence for my rating increase? Will VA send me to another Compensation and Pension exam when I submit a supplemental claim with new and relevant evidence ? Thank you.
Veterans can file a supplemental claim to appeal a decision within the one-year timeframe of an unfavorable decision with new and relevant evidence. New and relevant evidence is information that supports your claim that has not been presented in a previous claim, such as a new diagnosis. Supplemental claims are presented to the VA regional office and go through a similar process as new claims. The regional office may request additional information or schedule a C&P exam to help make a decision.
I submitted two supplemental claims recently: sleep apnea and hypertension. I originally was rated for TBI at 0% in 2014. I filed both issues as secondaries but they denied both of them... stating I was not service-c0onnected for TBI any longer. So, I resubmitted them as supplemental claims and changed what they secondary to. Would that ve considered new and relevant evidence?
New evidence is any additional proof of your claim submitted in an appeal, that was not a part of your previous claim. To be relevant, the evidence must be something that bolsters your claim, such as a new diagnosis, lay statements, or proof of unemployment. Sometimes, veterans will make a claim for a service-related injury or illness but not provide substantial documentation of the condition or its impact on their lives. The VA needs definitive proof of your claim. You can read more about new and relevant evidence here: www.woodslawyers.com/new-relevant-evidence/?.com&SupplementalClaimsLori&CommentShare
I got denied sleep apnea in 2015 due to lack of evidence. I got a sleep study and a bunch of new evidence last year. Va reopened a had me file supplemental claim. Do they back pay?
If the VA grants an effective date in the past, you would receive back pay dated back to the retroactive date.
@@woodslawyers so back to 2015?
Yes!
@@woodslawyers one last thing the va updated my supplemental to under review with 1 issue. They say compensation issue is the issue. What is that?
Based on your comment, it sounds like the VA is reviewing your claim for compensation. The "issue" they are referring to is the issue of compensation. It is a one-issue claim (compensation) that is now under review. To sum that up, it sounds like your supplemental claim is under review and is waiting on a decision. Here is more information about supplemental claims: www.woodslawyers.com/supplemental-claim/
Can a supplemental claim hurt my current rating?
It's hard to answer this question without the details of your claim. However, there is a chance the VA might reduce your rating when appealing. You can read more about rating reductions here: www.woodslawyers.com/can-va-reduce-veterans-disability-benefits-rating/ In the meantime, you can call us at 800-544-2108, or you can request a free consultation at this link: www.woodslawyers.com/contact/
I got denied Ptsd and Mst for sexually assault in basic training.
I'm sorry to hear that. If there is anything we can do to help, please let us know.