The VA Supplemental Claim Decision Phase Explained

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If you’ve been denied a VA disability claim or received a lower rating than you deserve, the VA Supplemental Claim process gives you another chance to submit new and relevant evidence to support your case.

This process is part of the VA Decision Review and Appeals Process, which was designed to streamline and expedite the path for veterans to challenge a prior rating decision.

The decision phase of the Supplemental Claim process is the most pivotal stage, where all newly submitted relevant evidence is thoroughly reviewed by a VA decision reviewer (VA rater), who then issues a final determination on your claim.

Okay, let’s break down exactly what happens during the VA Supplemental Claim decision phase, who’s involved, actions that occur, what you can expect, and timelines to a rating decision.

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Summary of Key Points

• The VA Supplemental Claim Process: A Supplemental Claim allows veterans to submit new and relevant evidence not previously considered, providing another chance to have their case re-examined if denied or rated too low by the VA.

• Part of the VA Decision Review Process: Supplemental Claims are a streamlined part of the VA’s Decision Review and Appeals Process, designed to provide a faster, more efficient way for veterans to challenge a prior rating decision.

• Decision Phase Overview: The decision phase is the final and most crucial step, where a VA decision reviewer evaluates all new evidence and issues a final determination, which could lead to approval, increased rating, denial, or deferral.

• Timelines and Outcomes: The decision phase typically takes 1-2 months, depending on the complexity of the case and the type of evidence submitted. If successful, the veteran may also be entitled to back pay, depending on when the claim was filed relative to the original decision.

What is the VA Supplemental Claim Decision Phase?

The decision phase, also called the “rating and decision phase” is the final step of the VA Supplemental Claim process.

After reviewing all the new and relevant evidence, the VA reassesses your previous rating decision and may issue a new determination, which could result in claim approval, denial, or deferral based on the strength of the evidence provided.

The decision phase typically takes about 1-2 months, depending on the complexity of the case and the type of evidence submitted.

Key Steps in the Supplemental Claim Decision Phase

Here’s what happens during the decision phase:

#1. Review of New and Relevant Evidence

The VA will review any new and relevant evidence you submitted with your Supplemental Claim.

According to 38 CFR § 3.2501, “new” evidence is anything not previously part of your record, and “relevant” evidence is information that could potentially change the outcome of your claim​.

Examples of new and relevant evidence include:

• New Service Treatment Records (STRs)

• New VA medical records

• New private medical records

• A new Disability Benefits Questionnaire (DBQ)

• A new Nexus Letter

• New buddy or lay statements

• New Compensation and Pension (C&P) exam results

The evidence is evaluated to determine whether it impacts your previous VA rating decision.

#2. Reevaluation of Your VA Disability Rating

The VA will reevaluate your disability rating based on the new and relevant evidence.

If the new and relevant evidence shows a change in your condition or offers stronger support for service connection, the VA may increase your disability rating or reverse a previous denial, resulting in an approval of your claim.

The VA rater uses 38 CFR, Part 4, the Schedule for Rating Disabilities to determine the appropriate rating for each condition​ based on your severity of symptoms and negative impacts to your work, life, and social functioning.

#3. Final Rating Decision

After reviewing all the evidence, the VA decision reviewer (VA rater) will issue a final decision.

This could result in:

• Approval of your previously denied claim

• An increase in your disability rating if your condition has indeed worsened

• A denial if the new evidence isn’t sufficient to change the prior decision

• A deferral if additional development is needed to decide the claim

Once the VA reaches a decision on your Supplemental Claim, you will receive an official rating decision letter by U.S. mail.

This letter will explain the outcome of your claim and detail any changes to your disability rating.

Additionally, you can log in to your VA.gov account to check for updates to your individual disabilities and ratings, allowing you to see any changes in real-time.

Who is Involved in the Decision Phase of a VA Supplemental Claim?

Several key players are involved in the decision phase of a Supplemental Claim:

• Veteran Service Representative (VSR): The VSR helps gather and review the new evidence before the claim moves to the decision phase.

• VA Decision Reviewer (RVSR): The VA decision reviewer, also known as an RVSR, is responsible for analyzing the evidence and issuing a final decision on your claim.

• Compensation and Pension (C&P) Examiner: If a new C&P exam was ordered during the evidence gathering phase, the examiner’s report will play a critical role in the final decision.

How Long Does the Decision Phase Take?

The decision phase typically takes 1-2 months but can vary depending on the complexity of the claim and the type of evidence involved.

This is the final part of the overall Supplemental Claim process, which generally takes 5-6 months from start to finish​.

What Happens After a Rating Decision Is Made?

Once the VA has made a decision, you will receive a notification in writing, which includes:

• The why, how, and what of the final decision on your claim

• Any changes to your VA disability rating based on the new and relevant evidence

• An explanation of the decision, including how the new evidence impacted the outcome

• Information on how to appeal the Supplemental Claim decision if you’re not satisfied

What About My Back Pay and New Effective Date?

If your Supplemental Claim is successful, your effective date for back pay will depend on when you filed the claim:

• Filing WITHIN One Year: If you file the Supplemental Claim within one year of the original VA decision, your compensation will typically be backdated to the effective date of the original claim. This means you’ll receive retroactive benefits from that date to the present.

• Filing AFTER One Year: If you file the Supplemental Claim more than a year after the original decision, the effective date will be the date of the new claim. Retroactive benefits will only apply from the date of the new Supplemental Claim​.

Conclusion & Wrap-Up

The decision phase of the VA Supplemental Claim process is where your claim is thoroughly re-evaluated based on new and relevant evidence.

Understanding this phase—and the entire Supplemental Claim process—can help you better navigate the VA system and increase your chances of a favorable outcome.

If you’re unsure about the best steps to take or how to submit the strongest evidence, reaching out to a VA-accredited representative is highly recommended.

They can guide you through the process, ensuring your claim is as strong as possible and helping you get the benefits you’ve earned.

Fellow Veterans: YOU SERVED! YOU DESERVE!

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