YOUR RIGHT TO APPEAL VA'S DECISION

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A Supplemental Claim is a way to request a local VA decision review based on new and relevant evidence. To maintain the effective date of a potential future grant, a decision review request must be submitted within one year of the VA's most recent decision notification. 

Understanding the Evidence:

• New Evidence: Information not part of the existing record.
• Relevant Evidence: Data either supporting or refuting a claim matter. 

Types of Evidence for Different Claims:

1. Service Connection Claims:

• Military Service Records: Such as DD Form 214s, medical, or personnel records that weren't submitted earlier. They can reflect events, disabilities, or symptom onset during service.
• Medical & Vet Center Records: Especially ones post-military discharge that weren't submitted before. These may demonstrate treatments, link to service-connected disabilities, or showcase the diagnosis and its severity. If unavailable, complete VA Form 21-4142 for each facility. The VA will then request these records.
• Buddy Statements: Testimonies from relatives, friends, or co-service members who can confirm in-service events or injuries.
• Supporting Documents: Unsubmitted photos, police reports, articles, or flight/deck/base logs that back up the in-service disability or incident.
• Medical Opinions: From qualified professionals offering insights into how military service might have caused or exacerbated the disability.

2. Increased Ratings Claims:

• Medical & Vet Center Records: Those not submitted previously showing treatment details and severity. For inaccessible ones, use VA Form 21-4142 for each facility, and VA will proceed with the record request.
• Personal Statements: Typed accounts detailing how the condition's deterioration affects day-to-day life and work.
• Buddy Statements: Testimonies from friends or family highlighting the intensified disability effects at home or work.
• Employment Records: Unsubmitted performance evaluations or statements from current/past employers. These can underline the disability's impact on job performance. If these are inaccessible, use VA Form 21-4192, and the VA will reach out for these records.
• Medical Opinions: Expert opinions addressing the disability's increased severity and its effect on work.

By providing the above evidence, you can ensure a comprehensive review of your Supplemental Claim. 

Need Help with Your Claim? The Veterans Contention Advocate is at your service. We'll navigate the filing process alongside you, ensuring every detail is addressed for an effective claim submission.

Upon receiving an unfavorable VA decision, don't be disheartened. There's another avenue for reconsideration. Opting for a Higher-Level Review offers a chance at a more favorable outcome.

It's crucial to request this decision review within one year from the date of VA’s most recent decision notification. By adhering to this timeframe, the original effective date from your initial claim is typically preserved.

The Higher-Level Review gives your claim renewed scrutiny by an experienced VA adjudicator who had no role in the initial decision. Though this review process excludes new evidence, you have the option for a one-time informal phone chat with the adjudicator. The essence of this review is a thorough re-examination of the existing evidence, ensuring that any positive findings from the initial decision remain untouched. Know with confidence that the reviewer won't adjust the original decision to your detriment simply over a difference in interpretation.

Never forget, The Veterans Contention Advocate stands by you throughout, committed to ensuring your claims receive meticulous attention and expert handling.

Upon receipt of the VA's decision notification, it's crucial to remember we have another path for reconsideration. We can elect to take an Appeal to the Board of Veterans’ Appeals (BVA) that can potentially yield a more accurate and favorable decision.

It's imperative that a request for a Board Appeal is filed with the VA within one year from the date of the VA’s most recent decision. By adhering to this timeframe, the original effective date from your initial claim is typically retained.

The Board of Veterans’ Appeals, based in Washington, D.C., assigns a Veterans Law Judge to review your appeal. The BVA offers three lanes for appeal, and with the expertise of the Veterans Contention Advocate, we will guide and recommend the most strategic, efficient, and promising route.

1. Direct Review Lane: The BVA conducts a direct examination of the evidence that the VA had at hand during the appealed decision. With a 365-day timeliness goal, this lane doesn't consider new evidence or hearings.
2. Evidence Submission Lane: This lane permits the submission of additional evidence along with the Notice of Disagreement (NOD) and within a 90-day window after the NOD's submission. However, once this window closes, the record is sealed, no duty to assist exists, and no hearings are held.
3. Hearing Lane: This lane arranges a hearing with a BVA law judge. The type of hearing (video conference or in-person in Washington, D.C.) is determined by the BVA. Furthermore, evidence can be presented on the day of the hearing and for up to 90 days after. After this period, the record is sealed.

Evidence for Service Connection:

• Military Service Records like DD Form 214s and service medical or personnel records. They can provide information about events, disabilities, or symptom onset during service.

• Private Medical & Vet Center Records from the military discharge date onwards. For any unobtainable records, the VA Form 21-4142 can be filled out, prompting the VA to request them.

• Buddy Statements from those who can vouch for in-service events or injuries.

• Supporting Materials such as photographs, police reports, and media or unit content, which corroborate in-service occurrences.

• Medical Opinions from professionals, providing links between disabilities and service impacts.

Evidence for Increased Ratings:

• Medical & Vet Center Records that document the progression and severity of conditions. If inaccessible, VA Form 21-4142 will ensure the VA requests them.

• Personal Statements detailing the progression of the condition and its effects.

• Buddy Statements which verify the amplified effects of the disability.

• Employment Records showing performance evaluations or accommodation needs. For unavailable records, VA Form 21-4192 helps the VA in acquiring them.

• Medical Opinions to substantiate the intensification of service-connected disabilities and their work impacts.

Remember, The Veterans Contention Advocate is dedicated to guiding and supporting you throughout this complex process, ensuring you have the best chance for a favorable outcome.