Reopening a VA Claim For Disability

If you’re confused or overwhelmed by the VA disability claims process, you’re not alone. Pursuing veterans disability benefits can be complicated and confusing. One question many veterans have is how to know when to appeal a decision versus taking some other type of action, such as requesting that your VA disability claim be reopened.

The best way to get reliable advice about your next steps when a claim has been denied or otherwise determined negatively is to talk to an experienced veterans disability benefits advocate. The general information here will give you an overview of when and how a VA claim can be reopened but is no substitute for knowledgeable guidance specific to your case.

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When Can You Reopen a VA Disability Claim?

Reopening a claim for veterans disability benefits is not an alternative to appeal. You can reopen your claim only if the claim cannot be appealed because either:

You missed the appeal deadline and the denial or other negative determination is now final, or
You have been through the full appeals process

It’s best to use the appeals process if you can. One reason is that the standard for reopening a claim is higher. While you can always appeal a negative determination, you can reopen a claim only if you have new evidence to submit. Another is that when you reopen a claim, you get a new effective date. While that may seem like a technical issue, your effective date determines when you were eligible to start receiving benefits. That means that when a claim is reopened rather than appealed, the veteran stands to lose back benefits that might have accrued between the original effective date and the new effective date.

However, if an appeal isn’t an option–either because you missed the deadline or because you have exhausted your appeal rights–reopening the claim offers another path to possible approval of your VA disability benefits.

How to Reopen a VA Disability Benefits Claim

To reopen a claim for veterans disability benefits, the veteran must file VA Form 20-0995. This is also known as a supplemental claim. If you meet the criteria above, you can request that your claim be reopened if:

You have new and relevant evidence to submit to the VA, or
The law has changed in a way that might impact the outcome of your prior claim

New and Relevant Evidence

If you’ve ever looked into reopening a VA claim before, take note of the language in the first bullet point. Until 2019, the requirement was for “new and material” evidence. The Veterans Appeals Improvement and Modernization Act of 2017 changed that. While the wording doesn’t seem radically different from the original, it can be significant for the veteran.

“Material” was interpreted to mean that the new evidence must impact at least one of the reasons for the denial of the original claim. But, “relevant” is a broader standard, allowing the veteran to request a claim be reopened based on any evidence that could help prove or disprove an element of the claim. The new standard makes it easier for a veteran to reopen a claim.

New evidence is evidence that wasn’t submitted to the VA before. Under the new standard, relevant evidence could take a variety of forms, such as additional medical testing or other documentation.

Changes in the Law or VA Standards

When you think about changes that might impact your VA disability claim, it’s natural to focus on things like how your medical condition has progressed or whether you have new proof. But, the standards for qualifying for veterans benefits sometimes change. One significant recent example is the widely-expanded list of conditions that are presumed service-connected under the PACT Act. A veteran whose claim for one of those conditions based on burn pit exposure may have been denied in the past because the VA didn’t believe the veteran had established a connection between their service-related exposure and their current medical conditions. But, the PACT Act created new presumptions of two types:

Presumptions that veterans who served in certain times and places had been exposed to burn pits, and
Presumptions that certain illnesses and conditions were service-connected for veterans who were exposed (or presumed exposed) to burn pits

In a situation like this, a veteran might have grounds to reopen a claim, even if they had no new evidence about their condition and limitations to submit. It’s also worth noting that when a major change like this takes place, the VA may conduct a review of claims it believes might be affected without the veteran filing a supplemental claim or taking further action. If you’re considering trying to reopen a VA disability claim, it’s best to get knowledgeable guidance before you take any action.

How a VA Disability Benefits Advocate Can Help

The best time to talk to a veterans disability benefits advocate is before you file your claim. Working with an experienced advocate from the beginning can help you submit a complete, accurate and thoroughly-documented claim for the best chance of approval. Even a strong claim may be denied or result in a lower-than-appropriate disability rating if the veteran doesn’t submit the right documentation.

If your claim has been denied or you’ve received a VA disability rating lower than you think is appropriate, it’s not too late to get help. But, you’ll want to act quickly. Missing the appeal deadline can mean you lose out on back benefits, which can make a significant difference in the total amount of benefits you receive.

At Disabled Vets, our advocates have in-depth knowledge of the VA claims process, as well as the options for appeal and the requirements and procedures for reopening a claim. No matter where you are in the process, we have the knowledge and experience to help you choose the best next step and put together the most effective package possible.

To learn more about how we can help, call us right now at 888-373-4722 or fill out our contact form here.