Denied VA Claim? When Appeal, Reopen, or File a New Claim
CCK Law: Our Vital Role in Veterans Law
If VA denied your disability claim, then you’re not alone. Appealing a VA denial can be lengthy, but it is the only way to preserve the effective date VA assigned to you when you initially filed your claim, and thus, how much backpay you receive when your claim is approved.
However, appealing a claim is not the only option available. There may be scenarios when a veteran may want to react to a denial by filing a new claim or even reopening one. Whether you should depends on several key factors, and making the right decision now can ensure you receive the maximum back pay and monthly compensation you deserve.
In this article, CCK Law will discuss:
- Filing new VA claims
- Reopening a VA claim
- Appealing a VA denial under the AMA system
Filing a New VA Claim
A few situations may call for filing a new VA claim. Veterans should file a new claim when they are dealing with a brand-new condition or seeking an increased rating for a condition that has worsened.
Therefore, a veteran may decide to file a new claim if:
- They were recently diagnosed with a condition they believe is service-connected
- Their existing service-connected disability has worsened, and they are seeking a higher rating
- They are filing for a condition that was never claimed before
In these situations, the veteran’s effective date will be the day they submit their intent to file, not the date of their diagnosis of medical treatment. That is why it is important for a veteran to act quickly if they think they may qualify for more benefits.
Reopening a VA Claim
Sometimes, a veteran misses the deadline to appeal a denied claim. The deadline to file such an appeal is one year from the date on their decision notice. When that happens, VA’s decision becomes final. To move forward, you will need to reopen the claim.
VA’s decision is also considered final if the veteran exhausts the entire appeals process, which includes appeals through their VA Regional Office, the Board of Veterans’ Appeals, and the U.S. Court of Appeals for Veterans Claims. In this instance, a veteran may also reopen a claim.
However, to reopen a previously denied claim, the veteran must submit “new and relevant evidence,” which is new and previously unsubmitted documentation or testimony that relates directly to why their claim was denied.
This could include:
- Service medical records VA did not previously consider
- A new nexus letter from a qualified medical professional
- Private medical records that strengthen your case
Important: The effective date for a reopened claim is usually the date the veteran files the request to reopen, not the date of the original claim. If they believe VA made a mistake and they are still within one year of the decision, filing an appeal is often the better option.
Appealing a Denial of a VA Claim
A veteran can file an appeal when VA denies their disability compensation claim. Additionally, filing an appeal is appropriate when the veteran believes VA should have given them a higher rating or an earlier effective date.
Thus, when a veteran disagrees with VA’s decision on their claim, filing an appeal allows them to preserve their original effective date, which can mean thousands in backpay if successful.
Under the “Appeals and Modernization Act,” or AMA, system, there are three main ways (“lanes”) to file an appeal:
- Higher-Level Review: A veteran can have their claim re-examined by a higher-level reviewer who will look at the claim as if for the first time (i.e., de novo). You cannot submit new evidence in this lane.
- Supplemental Claim: A veteran may file a supplemental claim if they have new and relevant evidence that could change the outcome of the claim. They may also request this lane to “request a review based on a change in the law.”
- Appeal to the BVA: Veterans can elect this lane to appeal directly to the Board of Veterans’ Appeals. If a veteran chooses this lane, they have three further options to choose from:
- Direct Review: A Veterans Law Judge will review your claim with the evidence already submitted.
- Evidence Submission: A Veterans Law Judge will review the claim along with new evidence submitted by the veteran.
- Hearing: A veteran presents their case during a hearing with a Veterans Law Judge and can submit new evidence. This evidence must be submitted within 90 days of the hearing or at the hearing itself.
All three options must be filed within one year of VA’s initial decision to keep your effective date intact.
How to Decide Whether to Appeal, Reopen, or File a New Claim
Veterans who are unsure how to decide which path to take should look closely at their situation. The following chart can help guide veterans on the next steps they should take:
| Ask Yourself | Best Path Forward |
| Is this a brand-new condition? | New Claim |
| Has it been more than a year since your denial? | Reopen with new evidence |
| Do you have new evidence to support the same condition? | Supplemental Claim |
| Do you believe VA made a clear error? | Higher-Level Review |
| Do you want to preserve your effective date? | Appeal within 1 year |
Call CCK Law Today
Navigating an appeal is difficult, but CCK Law can help you with yours. Since 1999, CCK Law has assisted nearly 30,000 veterans and their families in getting the benefits they have been wrongfully denied. Call us today at (800) 544-9144 for a free case evaluation with a member of our team.
