VA Supplemental Claim Guide: When and How to File With New Evidence

A Supplemental Claim is the most common type of VA appeal because most claim denials result from insufficient evidence rather than VA errors. It allows you to submit new and relevant evidence that the VA didn't consider in the original decision.

When to File a Supplemental Claim

A Supplemental Claim is the right appeal choice when you have new evidence that could change the outcome of your claim, or when you need the VA to help develop evidence on your behalf.

File a Supplemental Claim when:

• You have new medical evidence: Recent diagnosis, updated treatment records, or medical opinions that weren't in your original claim file
• You obtained additional service records: Personnel files, service treatment records, or unit records that prove in-service events or injuries
• You have new lay evidence: Statements from fellow service members, family, or friends describing your condition or in-service events
• Your condition has worsened: New medical records documenting increased severity of symptoms since the original decision
• You need VA assistance: You need the VA to order a medical opinion, obtain federal records, or schedule another C&P exam

The key principle is that your Supplemental Claim must include new and relevant evidence that wasn't previously considered. Simply disagreeing with the VA's interpretation of existing evidence is not sufficient grounds for a Supplemental Claim—that situation calls for a Higher-Level Review instead.

What Counts as "New and Relevant" Evidence

For a Supplemental Claim to succeed, you must submit evidence that is both new (wasn't in your file at the time of the previous decision) and relevant (has the potential to change the outcome).

This is where most Supplemental Claims fail: Veterans resubmit the same evidence the VA already reviewed and call it "new."

If the evidence was in your VA file when they made the decision—even if you think they didn't read it properly—it's NOT new. Resubmitting it won't change anything. That's what Higher-Level Review is for.

New means NEW. Dated after the decision. Never seen by the VA before. If your "new evidence" is a medical record from 2020 and they denied your claim in 2023, that record was available to them—it's not new.

Types of New Evidence

Medical Evidence

Medical evidence is the strongest type of new evidence you can submit:

• Nexus letters: Independent medical opinions linking your current condition to military service or to an already service-connected condition (for secondary claims)
• New diagnoses: Medical documentation of a condition that wasn't diagnosed at the time of your original claim
• Updated treatment records: Recent VA or private medical records showing ongoing treatment, worsening symptoms, or new clinical findings
• Specialist evaluations: Opinions from medical specialists (orthopedists, psychiatrists, neurologists) with expertise in your specific condition
• Test results: MRI, X-ray, bloodwork, psychological testing, or other diagnostic test results that weren't previously available

Service Records

Additional service records can prove in-service events or injuries:

• Service treatment records: Medical records from sick call, field hospitals, or military treatment facilities showing in-service injuries or diagnoses
• Personnel records: DD-214 corrections, awards (like Purple Heart), or assignment records proving exposure or events
• Unit records: Morning reports, unit historical records, or operations logs documenting events or conditions during your service
• After-action reports: Military reports documenting combat actions, injuries, or traumatic events

Lay Evidence

Statements from people who know you can provide powerful evidence:

• Buddy statements: Written statements from fellow service members describing in-service events, injuries they witnessed, or changes in your behavior or physical condition
• Spouse/family statements: Descriptions of symptoms they've observed, functional limitations, or changes in your condition over time
• Your own statement: A detailed personal statement describing your in-service experiences, how your condition developed, and how it affects your daily life
• Employer statements: Documentation from employers about work limitations, accommodations needed, or missed work due to your condition

What Is NOT New Evidence

Avoid these common mistakes when filing a Supplemental Claim:

• Evidence already in your file: Resubmitting the same records doesn't make them "new," even if you think the VA didn't review them properly (that's an HLR issue)
• Different arguments about existing evidence: Reinterpreting medical records that were already considered isn't new evidence
• Evidence dated before the prior decision: Records dated before the last decision aren't "new" unless the VA genuinely didn't have them in the file
• General medical information: Journal articles or medical textbooks about your condition aren't specific to your case and usually won't change the outcome

Understanding the Duty to Assist

One of the most powerful aspects of filing a Supplemental Claim is that it triggers the VA's duty to assist—their legal obligation to help you develop evidence supporting your claim. This duty is particularly strong for Supplemental Claims compared to other appeal types.

What the VA Must Do

When you file a Supplemental Claim, the VA is required to:

• Make reasonable efforts to obtain federal records: Including service treatment records, personnel files, and records from other federal agencies
• Assist in obtaining private medical records: If you provide authorization, the VA will request records from your private doctors
• Schedule C&P exams: When needed to evaluate your current condition or determine service connection
• Order VA medical opinions: When medical expertise is needed to determine causation or relationship between conditions
• Notify you of evidence needed: The VA must tell you what evidence is needed to substantiate your claim

How to Trigger the Duty to Assist

To maximize the VA's duty to assist in your Supplemental Claim:

• Identify missing evidence: Clearly state what additional evidence exists and where it can be found
• Provide specific details: Give exact dates, locations, and identifying information for records you want the VA to obtain
• Request VA medical opinions: If medical expertise is needed, specifically request that the VA order an opinion on causation or relationship
• Authorize release of records: Complete VA Form 21-4142 for private medical records you want the VA to obtain
• Explain why evidence is needed: Connect each piece of requested evidence to a specific element of your claim

Limitations of the Duty to Assist

The VA's duty has boundaries:

• The VA is not required to obtain records that don't exist or that you don't identify
• If you refuse to attend a scheduled C&P exam without good cause, your claim may be denied
• The VA's efforts must be "reasonable"—they don't have to conduct unlimited searches for evidence
• You must cooperate with the VA's efforts and respond to requests for information

How to File a Supplemental Claim

Step 1: Determine Your Deadline

You have one year from the date of the VA decision to file a Supplemental Claim while maintaining your original effective date. Find the decision date on your rating decision letter and calculate one year from that date. File before this deadline to protect your effective date and potential retroactive benefits.

Calculate Your Deadline:

• Check your Rating Decision letter for the "Decision Date"
• Count forward exactly one year from that date
• Mark that date on your calendar
• File before midnight on that day

Step 2: Gather New Evidence

Before filing, collect the new evidence you'll submit:

• Obtain private medical records from all providers who have treated your condition
• Get a nexus letter from a qualified medical professional if needed
• Gather buddy statements and lay evidence
• Obtain any service records you've recently discovered
• Organize all evidence with clear labeling showing dates and what each document proves

Step 3: Complete VA Form 20-0995

Use VA Form 20-0995 (Decision Review Request: Supplemental Claim) to file your appeal. Identify which issues from the decision you're appealing, indicate that you're submitting new and relevant evidence, request VA assistance in obtaining evidence if needed, and opt in to the AMA process.

Step 4: Write a Clear Statement in Support

Include a written statement explaining your Supplemental Claim. Identify your new evidence and explain why it's relevant, address the reasons for denial, connect evidence to claim elements, and request specific VA action if you need the VA to obtain records or order a medical opinion.

Step 5: Submit Your Supplemental Claim

Submit your Supplemental Claim online at VA.gov (fastest method), by mail to your VA regional office with proof of mailing, or in person at your regional office or through a VSO.

Step 6: Continue Developing Evidence

After filing, you can continue submitting additional evidence up until the VA issues their decision. Don't wait to file until you have every possible piece of evidence—file by the deadline with what you have, then continue sending new evidence as you obtain it.

Processing Timeline and What to Expect

Supplemental Claims currently average 100-125 days from filing to decision. However, if the VA needs to order a VA medical opinion or schedule a C&P exam, this can add 60-90 days. Complex claims with multiple conditions or extensive medical records may take longer. You can check your claim status on VA.gov.

Frequently Asked Questions

What counts as new and relevant evidence for a Supplemental Claim?

New evidence is information that wasn't in your VA file when the previous decision was made. Relevant evidence is information that could change the outcome of your claim. Examples include: new medical opinions or nexus letters, recently obtained service records, updated VA medical records, private medical treatment records, lay statements from fellow service members or family, and buddy statements. The evidence must address the specific reasons your claim was denied.

How long does a Supplemental Claim take to process?

Supplemental Claims currently average 100-125 days from filing to decision. However, if the VA needs to order a VA medical opinion or schedule a C&P exam, this can add 60-90 days. Complex claims with multiple conditions or extensive medical records may take longer. You can check your claim status on VA.gov.

Can I submit evidence after filing my Supplemental Claim?

Yes, you can continue submitting new evidence even after filing your Supplemental Claim. The VA will consider any evidence received before they issue the decision. It's better to file the Supplemental Claim to protect your one-year deadline, then submit additional evidence as you obtain it, rather than waiting until you have everything and risk missing the deadline.

What is the VA's duty to assist in a Supplemental Claim?

When you file a Supplemental Claim, the VA has a duty to assist you in developing your claim. This includes: making reasonable efforts to obtain relevant federal records (like military personnel records), ordering VA medical opinions when needed, scheduling C&P exams to evaluate your condition, and helping to obtain private medical records if you provide authorization. The duty to assist is strongest in Supplemental Claims compared to other appeal lanes.

How is a Supplemental Claim different from a Higher-Level Review?

A Supplemental Claim allows you to submit new evidence and triggers the VA's duty to assist with evidence development. A Higher-Level Review (HLR) only reviews existing evidence for errors and does not allow new evidence submission (though the senior rater must consider new evidence that comes to VA's attention during the review). Choose a Supplemental Claim when you have or need new evidence; choose HLR when you believe the VA made an error with what they already had.

Key Takeaways

• File a Supplemental Claim when you have new and relevant evidence the VA didn't previously consider
• One-year deadline to file while maintaining your original effective date
• The VA's duty to assist is strongest in Supplemental Claims
• Average processing time: 100-125 days
• Don't wait until you have all evidence—file by the deadline and submit additional evidence as you obtain it
• Track your claim status on VA.gov throughout the process