DISABILITYVA program

Supplemental Claim (New and Relevant Evidence)

Decision review lane allowing veterans who disagree with a VA decision, whether the claim was granted or denied, to have it reviewed again by submitting new and relevant evidence such as updated medical records, new nexus opinions, or buddy statements.

View on VA.gov

Step-by-step guide

What VA looks for: new and relevant evidence

An issue VA has decidedEach issue comes from a VA decision letter. You list each issue and the date of its decision letter on VA Form 20-0995.
Evidence that is new and relevantNew means VA did not have it when it decided. Relevant means it tends to prove or disprove something at issue, including a theory VA did not address before. You can send it, or name records for VA to get.

Source: 38 CFR 3.2500(a) (opens in new tab); 38 CFR 3.151(c) (opens in new tab); VA Form 20-0995 (opens in new tab); 38 CFR 3.2501(a)(1) (opens in new tab); 38 CFR 3.2501 (opens in new tab); VA.gov: Supplemental Claims (opens in new tab)

Which situation fits your Supplemental Claim?

Within 1 year of the decision
A Supplemental Claim asks VA to decide an issue again because you have new and relevant evidence. Filed within 1 year of the date on the decision letter, it keeps the claim going, and any award can still start from the date of the original claim.
Source: 38 CFR 3.2500(a) (opens in new tab); 38 CFR 3.2500(h) (opens in new tab); 38 CFR 3.2501 (opens in new tab); VA.gov: Supplemental Claims (opens in new tab); VA.gov: decision reviews FAQs (opens in new tab)
More than 1 year after the decision
A Supplemental Claim has no deadline. Filed more than 1 year after the decision letter, the evidence rule is the same, but the start date of any award changes: it can be no earlier than the date VA receives the Supplemental Claim. An intent to file does not hold an earlier date for a Supplemental Claim.
1. An issue VA has decidedAn issue from any earlier VA decision letter, even an old one, listed the same way on VA Form 20-0995.
2. Evidence that is new and relevantThe same new and relevant rule as within the year, above.
Source: 38 CFR 3.2500(a) (opens in new tab); 38 CFR 3.2500(h)(2) (opens in new tab); 38 CFR 3.2501(d) (opens in new tab); VA.gov: decision reviews FAQs (opens in new tab); VA Form 20-0995 (opens in new tab); 38 CFR 3.2501(a)(1) (opens in new tab); VA.gov: Supplemental Claims (opens in new tab)
Records you want VA to get
Once VA has a substantially complete Supplemental Claim, it will help gather evidence, including new and relevant records you name. That help lasts until VA sends its decision. VA orders an exam on a Supplemental Claim only after new and relevant evidence is in the file.
1. Records named well enough to findFor each record, VA needs the facility or provider, the treatment dates, and the condition treated. VA will request records from VA and other federal facilities you name.
2. A signed release for private recordsFor a private doctor or hospital, or a Vet Center, VA needs your permission on VA Form 21-4142 and VA Form 21-4142a before it can ask for the records.
Source: 38 CFR 3.2501(c) (opens in new tab); 38 CFR 3.159(c) (opens in new tab); 38 CFR 3.159(c)(4)(iv) (opens in new tab); VA.gov: Supplemental Claims (opens in new tab); 38 CFR 3.159(c)(1) (opens in new tab); 38 CFR 3.159(c)(2) (opens in new tab); VA Form 21-4142 (opens in new tab); VA Form 21-4142a (opens in new tab)
A condition added by a change in law
VA.gov says a Supplemental Claim can ask VA to review a claim for a condition that a change in law, such as the PACT Act, made presumptive. For a presumptive condition, you do not need to show that service caused it.
1. A diagnosis and how severe it isMedical evidence, sent or named for VA to get, that shows the diagnosis and how severe the condition is.
2. The service the presumption requiresMilitary records that show the time, place, or duty the presumption names.
Source: VA.gov: Supplemental Claims (opens in new tab); VA.gov: decision reviews FAQs (opens in new tab)

What to gather, and what it shows VA

Documents for this benefit: what each is, what it shows VA, and how VA gets it
Document	What it shows	How VA gets it	Have it?
The decision letter The letter VA sent with its decision. It lists each issue, what VA decided, and the date of the decision.	Which issues VA decided, and when	VA mails it after each decision and already holds it in your file. For disability, pension, burial, and DIC decisions, you can also download it on VA.gov. Copy each issue and its decision date onto VA Form 20-0995.	Yes
New private medical records Records from doctors, hospitals, and therapists outside VA, and Vet Center records, that VA did not have when it decided.	Something VA did not see before about the condition	Two routes. Send copies to VA yourself, or complete VA Form 21-4142 and VA Form 21-4142a so VA can request them from each provider. The provider name, dates, and condition go on the VA forms, not into BeneVets.
VA and other federal treatment records Records of care at VA medical centers, at other federal facilities, or at outside facilities VA paid for.	Treatment VA did not consider before	VA will request these for you once you file and name the facility and treatment dates on VA Form 20-0995. Vet Center records are different: VA needs VA Form 21-4142 and VA Form 21-4142a for them. You can review your own VA records on VA.gov.
A medical opinion from your provider A written opinion from a health care provider about the condition, its severity, or its link to service, or a Disability Benefits Questionnaire (DBQ) your provider fills out.	A medical view VA did not have before	Optional. Your provider completes it and it goes to VA with the Supplemental Claim; VA publishes public DBQ forms for providers. VA.gov gives a new medical report as one example of new and relevant evidence.
Buddy statements Written statements from people who saw what happened in service or see how a condition affects you now.	What others saw that VA did not hear before	VA Form 21-10210, Lay/Witness Statement. The witness completes it and it goes to VA with the Supplemental Claim. VA.gov gives a buddy statement as one example of new and relevant evidence.
Your own statement Your written account of facts VA did not have, such as when a problem started or how it affects work and daily life.	Facts in your own words that are new to the file	VA Form 21-4138, Statement in Support of Claim. You write it and send it to VA. BeneVets does not collect it.
Service records VA has not seen Personnel or other service records, such as assignments and deployments, that were not in the file when VA decided.	Where and when you served	VA will request these for you once you file and say where and when you served. You can also get your own copy through eVetRecs or SF180.
Separation papers (DD214) The record of your service dates, branch, and character of discharge.	Your service dates and branch	VA will request this for you once you file. You can also get your own copy through eVetRecs, SF180, or milConnect for more recent discharges.	Yes

Records and statements go to VA. BeneVets never asks you to upload or type them here.

Steps, in order

Find the decision letter
Find the letter for the decision you disagree with. Each condition or benefit in it is a separate issue, and each issue can take its own review option. Note the date on the letter.
Source: 38 CFR 3.151(c) (opens in new tab); VA.gov: download VA benefit letters (opens in new tab)
Check that this is the right lane
A Supplemental Claim is for new and relevant evidence. If a rated condition got worse, VA says to file a claim for increase on VA Form 21-526EZ. If you think VA made an error on the evidence it had, a Higher-Level Review or a Board Appeal, filed within 1 year of the decision letter, is the other route.
Source: VA.gov: Supplemental Claims (opens in new tab); VA.gov: choosing a decision review option (opens in new tab); VA Form 21-526EZ (opens in new tab); 38 CFR 3.2500(a) (opens in new tab)
Get free help from a VSO
Free help: an accredited VSO can file this with you. Find one near you in the BeneVets VSO directory at Find an accredited VSO near you. VA also accredits attorneys and claims agents, who can charge fees for work done after VA issues its initial decision on the claim. For a Supplemental Claim filed more than 1 year after the decision, they can charge only for work done after VA decides the Supplemental Claim.
Source: VA.gov: accredited representatives (opens in new tab); 38 CFR 14.636(c) (opens in new tab)
Note your 1-year date
Count 1 year from the date on the decision letter. A Supplemental Claim VA receives by then keeps the original start date for any award. An intent to file does not hold this date.
Source: 38 CFR 3.2500(h)(2) (opens in new tab); 38 CFR 3.2500(h) (opens in new tab); 38 CFR 3.2501(d) (opens in new tab)
Gather what is new
Collect documents VA did not have when it decided and that bear on the issue, such as a new medical report or a statement from someone who saw what happened. Evidence VA already considered does not count as new.
Source: 38 CFR 3.2501(a)(1) (opens in new tab); VA.gov: Supplemental Claims (opens in new tab)
Handle private medical records
For each private provider or Vet Center, send copies of the new records to VA, or complete VA Form 21-4142 and VA Form 21-4142a so VA can request them.
Source: 38 CFR 3.159(c)(1) (opens in new tab); VA.gov: Supplemental Claims (opens in new tab); VA Form 21-4142 (opens in new tab); VA Form 21-4142a (opens in new tab)
Name the records you want VA to get
On VA Form 20-0995, list the VA or other federal facilities that treated you and the treatment dates. VA will request those records for you.
Source: 38 CFR 3.2501(c) (opens in new tab); 38 CFR 3.159(c)(2) (opens in new tab); VA.gov: Supplemental Claims (opens in new tab); VA Form 20-0995 (opens in new tab)
Ask witnesses for statements
Ask people who saw the event in service, or who see its effects now, whether they will complete VA Form 21-10210. Your own account goes on VA Form 21-4138.
Source: VA Form 21-10210 (opens in new tab); VA Form 21-4138 (opens in new tab); VA.gov: Supplemental Claims (opens in new tab)
Answer the evidence notice question if it applies
For a compensation, pension, DIC, or accrued benefits claim filed more than 1 year after the decision letter, VA Form 20-0995 asks you to confirm you read VA.gov information on the evidence that supports the claim, or to ask VA to mail it.
Source: VA Form 20-0995 (opens in new tab); VA.gov: evidence needed for your disability claim (opens in new tab)
File VA Form 20-0995
File VA Form 20-0995 with your new evidence. A disability compensation Supplemental Claim can be filed online on VA.gov; other benefits go by mail, in person, or with a VSO. Use one form for each benefit type, and list each issue with its decision date.
Source: VA Form 20-0995 (opens in new tab); VA.gov: Supplemental Claims (opens in new tab); 38 CFR 3.2501 (opens in new tab)
Ask for a hearing if you want one
You can ask for a hearing at any time during a Supplemental Claim, online through Ask VA or by calling VA.
Source: VA.gov: Supplemental Claims (opens in new tab); VA Form 20-0995 (opens in new tab)
Go to any exam VA schedules
VA can schedule an exam on a Supplemental Claim once new and relevant evidence is in the file. If you miss it without good cause, a Supplemental Claim for a benefit VA denied before is denied. Good cause includes illness, a hospital stay, or a death in the immediate family; if that kept you away, tell VA and VA schedules a new exam.
Source: 38 CFR 3.159(c)(4)(iv) (opens in new tab); 38 CFR 3.655(a) (opens in new tab); 38 CFR 3.655(b) (opens in new tab); VA.gov: Supplemental Claims (opens in new tab); VA.gov: VA claim exam (opens in new tab)
Track it and answer VA letters
Check the status on VA.gov and answer any VA letter asking for more information. Do not file a second review on the same issue while this one is pending. To switch, withdraw this one in writing first; a Higher-Level Review or Board Appeal must still be within 1 year of the decision letter.
Source: VA.gov: after you request a decision review (opens in new tab); 38 CFR 3.2500(b) (opens in new tab); 38 CFR 3.2500(e) (opens in new tab)
Read the decision and the next choices
After a Supplemental Claim decision, you can request a Higher-Level Review (VA Form 20-0996), appeal to the Board (VA Form 10182), or file another Supplemental Claim with more new evidence. Filing the next review within 1 year of this decision keeps the original start date.
Source: 38 CFR 3.2500(c) (opens in new tab); 38 CFR 3.2500(h) (opens in new tab); VA.gov: Supplemental Claims (opens in new tab); VA Form 20-0996 (opens in new tab); VA Form 10182 (opens in new tab)

Good to know

The 1-year date protects your start date

You can file a Supplemental Claim at any time after a decision. Filed within 1 year of the decision letter, any award can still start from the original claim date. Filed later, it can start no earlier than the date VA receives the Supplemental Claim.

Source: 38 CFR 3.2500(a) (opens in new tab); 38 CFR 3.2500(h) (opens in new tab); 38 CFR 3.2500(h)(2) (opens in new tab); VA.gov: decision reviews FAQs (opens in new tab)

An intent to file does not hold the date

The intent to file rule applies to first claims. It does not set the filing date of a Supplemental Claim.

Source: 38 CFR 3.2501(d) (opens in new tab)

Without new and relevant evidence, VA does not decide again

If no new and relevant evidence is sent or gathered, VA issues a decision saying there was not enough evidence to decide the claim again. With it, VA decides the claim again on all the evidence in the file.

Source: 38 CFR 3.2501 (opens in new tab)

Contested claims follow a different route

When more than one person claims a benefit that only one can receive, a Supplemental Claim is not open. A party asks for review by appealing to the Board within 60 days of the decision notice. The decision letter states the deadline.

Source: 38 CFR 3.2500(g) (opens in new tab); VA.gov: Supplemental Claims (opens in new tab)

A rated condition that got worse is a different claim

If VA already rates a condition and it has gotten worse, VA says to file a claim for increase on VA Form 21-526EZ, not a Supplemental Claim.

Source: VA.gov: Supplemental Claims (opens in new tab); VA Form 21-526EZ (opens in new tab)

One review at a time for each issue

While a Supplemental Claim on an issue is pending, you cannot file a different review on that same issue. You can withdraw it in writing before VA decides and file a different review instead; a Higher-Level Review or Board Appeal must still be within 1 year of the decision letter. Findings VA already made in your favor bind later reviewers unless evidence shows a clear and unmistakable error in them.

Source: 38 CFR 3.2500(b) (opens in new tab); 38 CFR 3.2500(e) (opens in new tab); 38 CFR 3.104(c) (opens in new tab); VA.gov: after you request a decision review (opens in new tab)

BeneVets is informational and is not an accredited representative. Free help: an accredited VSO can work through VA benefits with you at no cost. Find an accredited VSO near you