Understanding the benefits of new and material evidence is crucial, but avoiding pitfalls during submission is essential for a successful VA claim. Here’s a breakdown of common mistakes and how to steer clear of them:

Incomplete or Nonspecific Evidence

Submitting incomplete or nonspecific evidence is a major pitfall. The VA requires clear and detailed documentation that directly connects your current condition to your military service. Avoid submitting generic medical records or summaries. Instead, highlight specific diagnoses, treatment plans, and how they relate to your service-connected disability.

Solution:

· Gather Detailed Medical Evidence: Focus on obtaining medical records with specific diagnoses, treatment plans, medications prescribed, and doctor’s notes that directly link your condition to your military service.

· Seek Professional Help: Consult with your doctor or a medical professional specializing in veterans’ health issues. They can tailor reports and highlight relevant aspects of your medical history.

· Consult Legal Experts: Accredited attorneys specializing in VA claims can advise on the type of evidence most impactful for your specific case.

Missing Deadlines

The VA operates on strict timelines. There is a one-year window to file a Notice of Disagreement (NOD) to appeal a denied claim or submit new evidence for reconsideration. Missing this deadline makes it significantly harder to overturn the initial decision.

Solution:

· Stay Informed: Keep track of all deadlines associated with your claim. Utilize calendars, reminders, or ask a trusted representative for assistance.

· Act Quickly: Don’t wait to gather or submit new evidence. The sooner you present it, the stronger your case for reconsideration.

Confusing New vs. Material Evidence:

· New Evidence: Information not previously submitted in your claim.

· Material Evidence: New information that has the potential to significantly impact the outcome of your case.

Overlooking Existing Evidence:

Don’t discount potentially helpful evidence already in your possession, such as:

· Old service records with details of injuries or exposures.

· Buddy statements from fellow service members who can corroborate your experiences.

· Medical reports from private doctors you saw before or after your service.

Poor Organization:

Present your evidence in a clear and organized manner. Include a cover letter that summarizes the evidence and explains its relevance to your claim.

Use Certified Mail:

Consider submitting evidence via certified mail with a return receipt. This provides documented proof that the VA received your submission.

Examples of New and Material Evidence

· Newly discovered medical records from civilian doctors.

· A buddy statement from a fellow service member who can corroborate a service-connected event.

· Evidence of a recent worsening of a previously claimed disability.

· Documentation of a relevant new diagnosis that connects back to military service.

Read our article on Submitting New & Material Evidence: Timelines and Processes to learn more.

Gathering Military Records

If you are Having trouble finding your military service records, you can use some of these resources: · The National Archives’ Military Records Request Service: National Archives Veterans’ Service Records

· Your respective branch of service: Army, Navy, Air Force, Marines, Coast Guard veterans’ service departments.

Mental Health Considerations

When seeking help for a mental health condition related to military service, gathering comprehensive evidence is crucial for a proper diagnosis and treatment. This evidence serves two purposes: it strengthens your case by providing a clear picture of your mental state and directly connects your experiences to potential mental health triggers.

Remember, the more information you have, the better-equipped healthcare professionals will be to provide the most effective treatment plan.

· Evidence for mental health conditions could include:

· Therapist notes or treatment plans.

· Deployment records that document stressful events.

· Buddy statements that describe changes in behavior or mental state after service.

VA Website and Resources

For further information and resources related to filing claims and appeals, visit the VA’s website: VA Disability.

By avoiding these pitfalls and following these tips, you can significantly increase your chances of a successful claim using new and material evidence. Remember, the VA is obligated to fairly assess all relevant evidence presented.

And remember to talk to a knowledgeable representative. Trajector Medical’s medical evidence development is sure to help you have the best possible medical evidence to support your claims.*

*Trajector Medical is not an accredited attorney or agent and does not represent veterans before the VA. This article is provided as information only. For more information, see the Department of Veteran’s Affairs FAQs at https://www.va.gov/disability/how-to-file-claim/ or consult with a VSO or other representative. For expert medical evidence development in support of your VA claims, contact Trajector Medical today.