How to Reopen a Denied VA Disability Claim
Category: Veterans Disability Law
Article by Tuley Law staff
It could be frustrating after filing for disability benefits to receive a rating that isn’t sufficient to meet your needs. Even worse, your claim might be denied. In these cases, you may wonder if they can reopen your claim and, if so, when and how.
In this blog post, we will discuss the process for reopening a claim, the types of claims more likely to be reopened, and how a Tuley Lawyer can help you navigate the process.
When Can You Reopen a VA Disability Claim?
It could be frustrating after filing for disability benefits to receive a rating that isn’t sufficient to meet your needs. Even worse, your claim might be denied. In these cases, you may wonder if they can reopen your claim and, if so, when and how.
In this blog post, we will discuss the process for reopening a claim, the types of claims more likely to be reopened, and how a Tuley Lawyer can help you navigate the process.
When Can You Reopen a VA Disability Claim?
Before reopening a VA disability claim, you must exhaust all of the appeal options available. If you are still denied benefits after an appeal or miss an appeal deadline, you may be able to reopen a VA disability claim under certain circumstances.
The first is the availability of new and material evidence not previously considered during the initial claim process. This evidence must be relevant to the claim and not have been reasonably obtained or presented during the initial claim process.
A claim can also be reopened if the VA made a “clear and unmistakable error” in the original decision, such as misinterpreting the evidence or failing to consider all relevant evidence. A change in the law or regulations, like when new laws or regulations, medical treatments, or diagnoses, could affect the outcome of a claim.
Another condition that may make a claim eligible for reopening is if the veteran missed the appeal deadline for the original claim. The VA will give veterans a date to file an appeal if they disagree with the decision. This date is known as the appeal deadline. If the veteran misses this deadline, their claim will be considered final, and they will no longer be able to appeal the decision. However, suppose the veteran wishes to increase their rating or continue pursuing VA benefits for that specific condition. In that case, they will have to reopen the claim.
VA disability claims are legal procedures governed by federal statutes, regulations, and judicial precedent. Deadlines, such as statutes of limitations, can be some of the biggest challenges in seeking benefits. Allowing veterans to reopen a claim after a final denial increases the likelihood that no valid claim will go uncompensated, even if the veteran fails to meet every deadline.
The VA allows veterans to reopen their claims through 38 U.S.C. § 5108, which states that “if new and material evidence is presented or secured with respect to a claim which has been disallowed, the Secretary shall reopen the claim and review the former disposition of the claim.” 38 C.F.R. § 3.156(a) also provides specific guidelines for what constitutes new and material evidence that can be used to reopen a claim.
You should be aware that reopening a claim may take some time and that there is no guarantee that the VA will grant the request to reopen a claim. If you think you have grounds to reopen your VA disability claim, the attorneys at Tuley Law can help. We understand how hard it is for veterans to get the benefits they are entitled to. We are committed to helping them get fair compensation for their service-related injuries.
What Counts as "New and Material" Evidence?
When reopening a claim, it is important to understand what constitutes “new and material” evidence.
The VA does not consider evidence that is repetitive or already established by other evidence to be new. New evidence is evidence not previously part of the actual record before the people deciding the claim.
For evidence to be considered material, it must be relevant to the claim. It should also substantially influence the decision. One example of this could be a new doctor’s report including a diagnosis for a condition that a veteran is trying to link to their service but was denied previously because they didn’t have a diagnosis. This new report would be considered relevant material evidence and significantly affect the decision.
Examples of new and material evidence could include:
- Medical evidence that was not available or considered during the initial claim process.
- Service records that were not previously obtained or submitted.
- Statements or affidavits from new witnesses.
- Change in the veteran’s condition that wasn’t known at the time of the original claim.
- Change in law or regulation that would impact the claim decision. For example, if a new law or regulation expands the eligibility criteria for a particular condition, a veteran can use this to support a claim for benefits.
When the VA examines the new evidence you have provided and agrees it could change the outcome of your claim, it will move forward with reopening your claim. The VA will consider all the information in your file, including the previous evidence, to make a new decision about your claim.
If you have previously filed a VA disability claim and were denied, Tuley Law may be able to assist you in reopening your claim. We’ll help you gather the new and material evidence, complete the proper paperwork, and advocate for you with the VA.
What Types of VA Disability Claims can be Reopened?
Not all VA disability claims are eligible for reopening. Generally, only claims for service-connected disability compensation, dependency indemnity compensation (DIC), or burial benefits can be requested to be reopened.
Does Reopening a Claim Change the "Effective Date"?
Reopening a claim can change the effective date, which is when the VA considers the claim to have been filed and when benefits will begin to be paid if the claim is approved.
The VA will assign a new effective date if a claim is reopened after the appeal deadline. This means that the veteran will not be entitled to receive benefits dating back to the original effective date but rather from the date the claim was reopened. So, it’s best to reopen a claim as soon as possible to secure the earliest effective date.
Common Reasons Claims are Denied
VA claims can be denied for a variety of reasons. Some of the most common reasons include the following:
- Insufficient medical evidence to support the claim
- Lack of sufficient evidence showing a connection between the claimed condition and military service
- Missing the deadline for filing an appeal or submitting additional information
- Submitting the incorrect form or failing to provide all required information
- VA determined that the condition existed before the veteran’s military service.
If your claim is denied, it’s not the end of the road. You have the right to appeal, and a qualified attorney can help you navigate the process.
How an Expert VA Attorney Can Help You
The VA disability claim process is complicated if you reopen a claim (or start your first claim). An attorney who specializes in VA Disability claims will have a deep understanding of the legal process and the laws and regulations that govern VA Disability claims.
At Tuley Law Office, our team can ensure that your claim is properly prepared and presented to the VA. We’ll help you gather and present the necessary evidence to support your claim and represent you at any hearings or appeals that may be necessary.
We have experience handling denied claims and know how to make a stronger case to increase the chances of it getting approved. We can also assist you in claiming VA back pay if you are eligible.
Our VA attorneys provide personalized advice and support throughout the process. We’re here to help you avoid common mistakes that could lead to a denied claim. We serve veterans across the United States, so don’t hesitate to contact us for a no-cost case evaluation. Call us today at (812) 434-1936.
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