Can You Reopen a Previously Denied VA Disability Claim?

Many veterans have their VA disability benefits claims denied on initial review for various reasons. However, some veterans may obtain additional information or documentation that might strengthen their initial claim, giving them a better chance of success if they wish to challenge the denial of their claim. What options do veterans have for reopening a previously denied VA disability claim?

When Can a VA Disability Claim Be Reopened?

You can reopen a denied VA disability claim when the VA denied your claim because the agency determined that you did not have a qualifying disability or that your disability did not have a service connection. However, you cannot reopen a VA disability claim to seek a higher disability rating; instead, you either must appeal the initial disability rating determination or file a new claim if the time for appeal has expired. 

Reopening a VA disability claim differs from appealing the claim. You can appeal a denied VA disability claim within one year of the VA’s decision. However, you can reopen a VA disability claim at any time if you meet the criteria to reopen the claim. Furthermore, you can ask the VA to reopen your claim if you have exhausted your appellate rights. 

To reopen a VA disability claim, you must show that you have new and material evidence. Otherwise, the VA may decline to reopen your claim. 

What Qualifies as “New” and “Material” Evidence?

Evidence may qualify as “new” information entitling you to reopen a VA disability claim if you have not previously submitted the information to the VA or the VA has not previously considered the information when evaluating your claim. Information can become “material” when it is relevant and significant enough to possibly convince the VA to change some aspect of its decision on your disability benefits claim.

Common examples of new and material evidence in VA disability claims include:

• New medical diagnoses that confirm a disabling condition
• Updated medical records, diagnostic scans, or lab tests
• Previously unavailable service records (such as previously classified military records)
• New buddy statements corroborating in-service events
• New medical expert opinions or nexus letters establishing a service connection

Steps for Reopening a Denied VA Claim

When you want to reopen a denied VA claim, you will first need to gather new and material evidence that will convince the VA to render a different decision on your claim. Next, you will need to submit VA Form 20-0995 to submit a supplemental claim, which allows you to provide the VA with new evidence it had not reviewed when initially deciding your claim. Next, you must wait for the VA to review your original claim and then review the latest evidence you have submitted. Once the VA has reviewed your original claim and your new evidence, it will issue a new decision.

Mistakes to Avoid

Common mistakes that veterans make when reopening denied VA disability claims include:

• Submitting evidence already presented to and considered by the VA
• Failing to include medical evidence or a nexus letter establishing a service connection between your claimed condition and your military service
• Using the wrong forms
• Failing to respond to the VA’s requests for additional information
• Not seeking legal help from a VA disability attorney 

Contact a VA Disability Benefits Attorney Today

When the VA previously denied your claim, you have legal options for seeking the disability benefits you need and deserve when you obtain new evidence that bolsters your claim of a service-connected medical condition. Contact Veterans Benefits Law Group today for a free, no-obligation consultation with a VA disability lawyer to learn how we can help you pursue financial assistance after a prior denial of your disability claim.