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If your VA claim was denied or you received a lower disability rating than you deserve, filing a Supplemental Claim gives you the chance to submit new and relevant evidence that wasn’t previously considered, allowing your case to be re-examined.
Supplemental Claims are a crucial part of the VA’s Decision Review and Appeals Process, designed to provide veterans with a simplified and faster way to challenge a prior rating decision.
By offering the opportunity to present fresh evidence, this process provides a more efficient path to reconsideration without the need for a lengthy traditional appeal.
So, what are the steps in the Supplemental Claim process, and how long does each one take?
Let’s walk through each phase of the process, outlining key actions and the typical timeline from submission to decision.
Table of Contents
Summary of Key Points
- What is a Supplemental Claim? A Supplemental Claim allows veterans to submit new and relevant evidence that wasn’t considered in the original decision, offering the opportunity to have the VA re-examine their case.
- Part of the VA Appeals Process: Supplemental Claims are a crucial part of the VA’s streamlined Decision Review and Appeals Process, designed to simplify and speed up the challenge of a prior rating decision.
- Timelines for Each Step: The Supplemental Claim process typically takes 5-6 months from submission to decision. The timeline generally includes three phases: claim submission and initial review (1-2 months), evidence gathering and review (2-4 months), and rating and decision (1-2 months).
- Back Pay and Effective Date: If filed within one year of the original decision, the effective date for back pay will be preserved from the original claim. If filed after one year, the effective date will be the date of the new Supplemental Claim.
What is the VA Supplemental Claim Timeline?
The VA Supplemental Claim process typically takes 5-6 months from start to finish.
The timeline is broken down into three main phases: (#1) Submission and Initial Review (1-2 months), (#2) Evidence Gathering and Review (2-4 months), and (#3) Rating and Decision (1-2 months).
Note: The entire process can vary based on the complexity of the claim, the type of evidence being reviewed, and whether new C&P exams are needed.
The VA Supplemental Claim Process with Timelines by Step
Step | Description | Timeline | Who is Involved |
---|---|---|---|
Step #1: Supplemental Claim Submission and Initial Review | The veteran submits the VA Form 20-0995 (Supplemental Claim) along with new and relevant evidence not previously considered, such as service treatment records, private medical evidence, or lay/witness statements. The VA has a duty to assist in gathering any additional required evidence under 38 CFR § 3.159. | 1-2 months | – The veteran (or representative) – Decision Review Operations Centers (DROCs) – Veteran Service Representative (VSR) |
Step #2: Evidence Gathering and Review | The VA gathers additional evidence, which may include obtaining medical records, other types of evidence to support the claim, or scheduling a Compensation and Pension (C&P) exam. All evidence is reviewed to ensure it is complete before moving to the rating and decision phase. | 2-4 months | – Veteran Service Representative (VSR) – C&P examiner (if required) |
Step #3: Rating and Decision | A VA rater reviews all the evidence and issues a decision. This could result in an approval, an increased disability rating, or a denial based on the new and relevant evidence submitted and reviewed. | 1-2 months | – Veteran Service Representative (VSR) – VA Decision Reviewer |
Step #1: Supplemental Claim Submission and Initial Review (Timeline 1-2 months)
The first step is submitting VA Form 20-0995, known as a Supplemental Claim, which can also be done online.
Use this Supplemental Claim form (VA 20-0995) if you disagree with a prior VA rating decision on your claim and you meet at least 1 of these requirements:
- You have new and relevant evidence to submit, or
- You would like VA to review your claim based on a new law (e.g., the PACT Act)
This form is required to start the process and must be accompanied by new and relevant evidence, such as new medical records, service treatment records, or lay statements from witnesses.
The VA defines “new” as evidence not previously considered, and “relevant” as evidence that proves or disproves something critical to your claim.
Once submitted, the VA has a duty to assist in gathering additional evidence (under 38 CFR § 3.159), which means they may help secure any required documents or information that is new and relevant.
Who is involved during this step?
- The veteran (or their representative) who submits the Supplemental Claim.
- The VA’s initial review team, often working at the Decision Review Operations Centers (DROCs), handles the intake and begins developing the claim.
- The Veteran Service Representative (VSR) assigned to your case who will perform an initial review of the evidence.
Step #2: Evidence Gathering and Review (Timeline 2-4 months)
Once the VA receives the claim and new evidence, they begin the evidence gathering and review phase.
This is the longest step in the VA supplemental claim process.
This may involve obtaining medical records, arranging for a Compensation and Pension (C&P) exam, or gathering other documents as identified by the veteran.
During this phase, the VA reviews all submitted documents along with any additional information they have gathered.
The goal is to ensure that all necessary evidence is in place before a decision is made.
Who is involved?
- The Veteran Service Representative (VSR) who is responsible for reviewing the claim and evidence.
- C&P exam company and C&P examiner: Veterans may also be scheduled for a new C&P exam if required to further assess the current disability, “nexus” for service connection, and the severity of symptoms.
Step #3: Rating and Decision (Timeline 1-2 months)
Once the VA has gathered all the relevant evidence, the claim moves to the rating and decision phase, where a VA rater reviews the evidence and issues a new decision.
This decision could result in the approval of the claim, an increase in the veteran’s disability rating, or another denial if the new evidence is not sufficient.
In most cases, this entire process from start to decision can take approximately 5-6 months. However, timelines can vary depending on the complexity of the claim and the type of evidence being gathered.
Who is involved during this step?
- The Veteran Service Representative (VSR) assigned to your case.
- A VA Decision Reviewer (VA rater) analyzes all the new and relevant evidence, including any new C&P exam results. and makes a final decision on the claim.
What About Back Pay and the Effective Date?
Your effective date for back pay depends on whether you filed your Supplemental Claim within one year or after one year of the original decision.
Filing Within One Year:
If your Supplemental Claim is approved and it is filed within one year of the original decision, your compensation will typically be backdated to the effective date of the original claim.
This means that if the Supplemental Claim is successful, you may be eligible for retroactive benefits (back pay) covering the time from the effective date of your original claim to the date of the new decision.
Filing After One Year:
If you file the Supplemental Claim more than one year after the original decision, the effective date will generally be the date of the new Supplemental Claim, meaning that retroactive benefits will only cover the period starting from the new claim filing date.
Conclusion & Wrap-Up
The VA Supplemental Claim process is a powerful tool for veterans to challenge previous decisions, but it requires submitting new and relevant evidence.
From submission to decision, the Supplemental Claim process typically takes 5-6 months, though the timeline can vary based on individual circumstances.
If you’re unsure about the best way to proceed, reaching out to a VA-accredited representative can be a crucial step in ensuring your Supplemental Claim is as strong as possible.
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About the Author
Brian Reese
Brian Reese is a world-renowned VA disability benefits expert and the #1 bestselling author of VA Claim Secrets and You Deserve It. Motivated by his own frustration with the VA claim process, Brian founded VA Claims Insider to help disabled veterans secure their VA disability compensation faster, regardless of their past struggles with the VA. Since 2013, he has positively impacted the lives of over 10 million military, veterans, and their families.
A former active-duty Air Force officer, Brian has extensive experience leading diverse teams in challenging international environments, including a combat tour in Afghanistan in 2011 supporting Operation ENDURING FREEDOM.
Brian is a Distinguished Graduate of Management from the United States Air Force Academy and earned his MBA from Oklahoma State University’s Spears School of Business, where he was a National Honor Scholar, ranking in the top 1% of his class.