How to Reopen a Previously Denied VA Claim

Following a VA denial, veterans can file to reopen their disability benefits claim if they can provide new information that supports their case.

Summary

• Veterans can reopen a previously denied VA disability claim by submitting new and material evidence, which directly addresses the reasons for the original denial.
• To officially reopen a claim, veterans must submit new evidence using VA Form 20-0995.
• Typically, it is easier to appeal within one year of a VA decision since waiting longer restricts appeal options and may delay the effective date for back pay benefits.
• Examples of new evidence include updated medical records, military service documents, and statements from fellow servicemembers.

Although your appeals options may initially be more limited when you reopen a previously denied VA claim, that does not mean that you are out of luck when it comes to securing VA disability benefits.

At VetLaw, our team is prepared to help you gather the evidence you need to justify reopening your veterans disability claim. As accomplished veterans disability appeals attorneys, we understand what it takes to craft a convincing appeal to the VA.

Let us take the lead in getting you the disability compensation you have earned. You can call (855) 573-1503 or submit a contact form today to schedule a free consultation with our team here at VetLaw.

Steps to Reopening a Closed VA Disability Claim

After the VA issues a decision either approving or denying disability benefits, a veteran typically has 1 year after the date on their decision letter to appeal it. If you don’t dispute the VA’s ruling within this timeframe, your veterans disability claim is technically closed.

In order to officially reopen it, you need to:

• Wait for a final decision on your veterans disability claim from the VA.
• Determine why the VA denied your claim for disability benefits.
• Speak with a veterans disability appeals lawyer about reopening your case.
• Collaborate with your VA disability attorney to collect new evidence that addresses the VA’s reason for denial.
• Submit your new evidence with VA Form 20-0995.
• Wait for a VA decision based on the new evidence.
• If the VA reopens the claim, then you can proceed with the appeals process to secure VA disability benefits.

The VA may also decide not to reopen your case. A VA disability appeals attorney can explain the options you have at that point.

Vets Must Offer New and Material Evidence to Reopen a Denied VA Claim

The VA imposes an additional requirement on veterans who want to reopen a closed claim that was previously denied. To reopen their claim and proceed with an appeal, veterans must present “new and material evidence” to the VA.

The VA maintains a specific definition of this two-part standard for evidence. It must be both:

New: The VA has not seen it. You haven’t included it in your claim or appeal before, and it’s not just restating or repeating established facts.

Material: Information that directly pertains to the reason(s) why the VA denied your claim. It proves an assertion you made or discredits the VA’s basis for denial.

Finding evidence that fulfills both requirements can be difficult if you are unsure why the VA denied your claim, which is why it is essential to discuss your case with an experienced veterans disability claims lawyer.

Examples of Evidence Veterans Can Use to Reopen a Disability Benefits Claim

Veterans have options when it comes to submitting new and material evidence to appeal a VA decision. You can provide documentation such as:

• Medical evidence, like updated bloodwork or a medical nexus letter from a healthcare professional validating your service connection
• Military service records that include additional information that supports your eligibility as a vet
• A buddy statement from someone you served with that confirms details of in-service events

Your veterans disability benefits denial attorney can help guide you on which evidence would meet the VA’s “new and relevant” standards.

Reasons to Avoid Waiting to Appeal a VA Denial

There are two major reasons why veterans seeking disability benefits should not delay appealing a VA decision.

1. Reopening a Closed Claim is Harder Than Appealing an Open Claim

When you appeal a VA decision within the first year, you have three options. You can either offer new evidence with a Supplemental Claim, let a Higher-Level Reviewer reassess your case, or make an appeal to a Board of Veterans Appeals judge.

After that deadline expires, you can no longer directly request a Higher-Level Review or an evaluation by the Board of Veterans Appeals- you would have to submit new evidence first.

So, if all your claim needed to be approved was for a more experienced adjudicator or a BVA judge to take a look at it, you missed your opportunity, unless you can officially reopen your claim with new evidence.

2. Missing the Deadline to Appeal Delays Your Effective Date

With how effective dates work in VA disability claims, you could be losing out on months or years worth of back pay benefits if you do not appeal a VA decision quickly enough.

If you wait over a year to appeal a VA decision, the VA will likely bump your effective date to when it received your claim to reopen. Alternatively, it could set your effective date to when your service-related condition developed.

In cases of reopened claims, the VA takes the later date and assigns it as the effective date. Likely, that means you would only receive back pay benefits starting from when you reopened your claim, not when you originally filed it.

Contact the Veterans Disability Benefits Denial Attorneys of VetLaw for Help

If you are struggling to reopen a previously denied VA claim, you are not alone. Veterans across the country have attempted to navigate the VA disability claims process, only to be denied the compensation they are entitled to for their service-related conditions.

Our team of veterans disability benefits denial attorneys is here to support those facing the challenging VA appeals system. At VetLaw, we have cultivated a reputation for results and relentless service. Don’t hesitate to get in touch with our team by calling (855) 573-1503 or submitting a contact form today.

Frequently Asked Questions

What types of VA claims can be reopened?

The VA will only agree to reopen certain types of claims. You can reopen a previously denied VA claim for benefits for a service-connected disability, Dependency indemnity compensation (DIC), or burial benefits.

How many chances do I get to appeal a VA decision?

Veterans can pursue as many appeals for disability benefits as they want, in theory. However, the VA appeals process can drag out for years, which consequently limits the number of appeals a veteran could realistically make in their lifetime. 

Additionally, there are only so many levels where veterans can make their case. After appealing a claim at the federal level to the U.S. Court of Appeals for Veterans Claims, the only higher judicial authority a veteran can appeal to is the U.S. Supreme Court. 

At that point, you would have to start over and reopen your previously denied claim by providing new evidence. So, even with “unlimited” opportunities to appeal, veterans should prioritize quality over quantity. It’s better to invest in making one or two effective appeals, rather than several passable efforts.

Can I reopen my denied veterans disability benefits claim if the VA made a Clear and Unmistakable error? 

Yes, if you have found evidence of a Clear and Unmistakable error on the part of the VA, you can appeal. These situations are rare, and you must have proof that the VA’s mistake actually impacted your disability compensation.