How to Reopen a VA Claim with New and Relevant Evidence

How to Reopen a VA Claim with New and Relevant Evidence

Receiving a final denial from the Department of Veterans Affairs (VA) can feel overwhelming especially when appeal deadlines are missed or all appeal options have been exhausted. Many veterans assume there is nothing left they can do.

Fortunately, under the Appeals Modernization Act (AMA), some veterans can reopen a previously denied VA claim by submitting new and relevant evidence. This pathway allows VA to take a fresh look at certain benefits claims without requiring veterans to start over entirely.

As one VA-accredited attorney explains, “Reopening a claim is often the second chance veterans don’t realize they have but the rules are very specific.”

This article walks through when a claim can be reopened, what qualifies as new and relevant evidence, how the process works, and what veterans should expect in 2025.

Overview: Reopening a VA Claim at a Glance

CategoryKey Details
Law Governing ReopensAppeals Modernization Act (AMA)
Required EvidenceNew and relevant evidence
Form UsedVA Form 20-0995 (Supplemental Claim)
Eligible Claim TypesDisability, DIC, burial benefits
Effective DateUsually date of reopened claim
Appeal Rights After DenialYes (HLR, Board, or new supplemental claim)

Understanding the Appeals Modernization Act (AMA)

The Veterans Appeals Improvement and Modernization Act, implemented on February 19, 2019, replaced the legacy VA appeals system. Any claim decided after this date automatically falls under AMA rules unless the veteran explicitly opted to remain in the old system.

Under AMA, VA created three review lanes:

  • Higher-Level Review
  • Supplemental Claim
  • Appeal to the Board of Veterans’ Appeals

The key lane for reopening claims is the Supplemental Claim lane, which introduces the new and relevant evidence standard.

A veterans law specialist notes, “AMA lowered the evidentiary bar compared to the old ‘new and material’ standard, but many veterans still misunderstand what qualifies.”

When Can You Reopen a VA Claim?

VA does not allow every denied claim to be reopened. Veterans must meet three strict conditions.

1. The Prior Decision Must Be Final

A VA decision is considered final if:

  • The veteran did not appeal within one year, or
  • The veteran exhausted all appeal levels, including the Board and federal court

2. The Claim Type Must Be Eligible

Not all VA benefits may be reopened. Eligible claims generally include:

  • Service-connected disability compensation
  • Dependency and Indemnity Compensation (DIC)
  • Burial benefits

3. You Must Submit New and Relevant Evidence

Without qualifying evidence, VA will refuse to reopen the claim regardless of how strong the veteran feels the case is.

As one advocate puts it, “Finality matters in VA law. Evidence is the only key that unlocks a reopened claim.”

What Qualifies as “New and Relevant Evidence”?

The AMA standard replaced the old “new and material” test with a slightly more veteran-friendly definition.

New Evidence

Evidence is considered new if:

  • VA has never reviewed it before
  • It was not part of the original record

Relevant Evidence

Evidence is relevant if it:

  • Addresses why VA denied the claim, or
  • Raises a new theory of entitlement not previously considered

In practical terms, the evidence must fill a gap such as diagnosis, service connection, or severity.

A VA claims expert often emphasizes, “Relevant evidence doesn’t need to guarantee a win it just needs to matter.”

Examples of New and Relevant Evidence

Veterans commonly reopen claims using:

  • Buddy statements from fellow service members
  • Newly obtained service records
  • Private medical opinions or nexus letters
  • Updated treatment records
  • Letters or photographs from active-duty service
  • Expert medical opinions referencing service history

The strongest reopenings usually address the exact reason for the original denial.

How to Reopen a VA Claim Step by Step?

Step 1: Gather Your Evidence

Veterans should carefully review the prior denial letter to identify what VA found missing.

Step 2: File VA Form 20-0995

To reopen a claim, veterans must submit VA Form 20-0995 (Supplemental Claim) and clearly identify:

  • The previously denied issue
  • The new and relevant evidence being submitted

Step 3: Submit the Claim

Claims may be filed:

  • Online via VA.gov
  • By mail
  • In person at a VA Regional Office

Step 4: VA Evidence Review

VA will first decide whether the evidence qualifies as new and relevant. If it does, VA reopens the claim and issues a new decision.

A veterans law practitioner cautions, “VA can and often does reject evidence as not relevant, even when veterans believe it is.”

Payment and Effective Date Rules

What Happens to Back Pay?

ScenarioEffective Date Outcome
Reopened claimDate VA receives Supplemental Claim
Successful appealOriginal claim date
CUE findingEarlier date possible

In most reopened claims, retroactive pay does not go back to the original filing date. This is why appeals are usually preferable when still timely.

What If VA Denies the Reopened Claim?

A reopened claim can still be denied. If that happens, veterans may:

  • Request a Higher-Level Review
  • File another Supplemental Claim with stronger evidence
  • Appeal to the Board of Veterans’ Appeals

As one veterans advocate explains, “Persistence matters. Many claims succeed only after the second or third review.”

Why Reopening a VA Claim Matters?

Reopening a claim can:

  • Secure benefits previously thought lost
  • Recognize conditions tied to military service
  • Establish service connection for future claims
  • Provide access to health care and secondary benefits

However, reopening should be strategic, not automatic.

A senior VA claims consultant summarizes it well: “Reopening is powerful but only when veterans understand the rules and the risks.”

FAQs

Can I reopen any VA claim?

No. Only certain finalized claims with new and relevant evidence qualify.

Is reopening better than appealing?

Appealing is better if still within one year because it preserves back pay.

What happens if VA says my evidence isn’t relevant?

VA will deny reopening, but you can appeal that decision.

Can a reopened claim still be appealed?

Yes. All AMA review options remain available.

Should I get help reopening a claim?

Complex cases often benefit from a VA-accredited representative.

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