The VA has made a lot of changes in the last few months, and we're here to cover all of them each week. Recently, the VA's rules surrounding regulatory time limits for VA supplemental claims have changed, an important detail for veterans to be aware of.
For starters, what's a supplemental claim? It's pretty simple (and useful). If a veteran disagrees with the decision that was made on their claim and they would like to add more evidence or documentation, they can file a supplemental claim to get a second opinion. Read more about supplemental claims here.
The good news is, there is no regulatory time limit to file a VA supplemental claim anymore. Here's what that really means:
What does intent to file (ITF) mean, and how has the VA's rules changed around it?
Intent to file, often shortened to ITF, simply means that a veteran has a claim that they would like to file for VA disability benefits. The VA recently updated their regulations to state that the claims processor must decide whether that ITF applies to a supplemental claim. Before July 30th, 2021, this was not the case – and it has been further clarified recently.
A few more areas have been updated as well:
Supplemental claims on evaluation issues (section X.ii.2.A.2.f)
Now, veterans are allowed to file supplementary clams on evaluation issues over a year beyond the previous decision. Claims on evaluation issues more than a year after the initial filing will have effective dates on any increased benefits fixed in accordance with 38 CFR 3.2500(h).
This can occur in situations such as when the veteran…
Didn't get an exam but feels they should
Feels there is an issue with the evaluation of the claim
Feels that previously submitted evidence hasn't been considered
New and relevant evidence (X.ii.2.A.2.D)
The definitions of "new" and "relevant" have been updated in regards to evidence for supplemental claims. The VA defines "new evidence" as evidence not previously part of the actual record before agency adjudicators.
Relevant evidence is defined as "information that tends to prove or disprove a matter at issue in a claim", including "evidence that raises a theory of entitlement that was not previously addressed".
Examinations and supplemental claims (X.ii.2.A.2.G)
X Through examinations and supplemental claims, the VA accepts Nexus documents and/or medical opinions to fight reasons for previous denials. If the documents contain all the necessary information needed to connect a veteran's condition to service, then the denial can be reversed. This shows the power of a well-crafted Nexus Letter or medical opinion! This is what we do for our clients at MRPY.
Need help proving your medical condition to the VA through expert documentation?
That's where we come in. At MRPY Professional Services, we help veterans with Nexus Letters, DBQs, chart reviews, and more – making the VA disability benefits process a lot more simple and cost-effective. Instead of trying to figure out the VA's many rules and regulations on your own, work with us to get what you need with clear guidance throughout.
Get started by signing up for a chart review, or check out our other services here.
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