Navigating the VA claims process might seem difficult at first, but with the right information, it can be manageable and rewarding. Submitting new and material evidence can significantly improve your chances of getting a previously denied claim reconsidered – maybe even increasing the benefits you already receive.

This informational guide is designed to give veterans a clear, step-by-step approach to how to submit new and important evidence to the VA, focusing on important timelines and deadlines which are critical to a smooth and successful process. *

Understanding New and Material Evidence

Before exploring the specifics of the submission process, it’s essential to understand what qualifies as new and material evidence. These terms have specific meanings in the context of VA claims, and knowing their meaning can make the difference between a successful and unsuccessful submission. Without a proper understanding, veterans may inadvertently submit evidence that doesn’t meet the VA’s criteria, leading to delays or denials.

What Qualifies as New and Material Evidence?

· New Evidence: This is any evidence that was not included in the original claim file. It may include newly acquired medical records, updated service records, or any other pertinent documentation that was not previously submitted.

· Material Evidence: This refers to evidence that is relevant and significant enough to potentially alter the outcome of the claim. Material evidence should directly relate to why the VA previously denied the claim and must have the potential to substantiate the claim.

Examples of New and Material Evidence:

· Medical Records: New medical diagnoses, treatments, or evaluations that were not previously included.

· Service Records: Additional service records that might clarify or support your claim.

· Lay Statements or Witness Testimonials: Statements from family, friends, or coworkers that provide additional context or evidence.

Understanding what qualifies as new and material evidence is the first step in ensuring that the VA will consider your submission.

The Importance of Timely Submission

Timing is crucial when submitting new and material evidence. Delays can hinder the progress of your claim and potentially affect the benefits you receive.

Why Timing Matters in VA Claims:

• Efficient Processing: Timely submission ensures that your claim is processed as efficiently as possible, reducing the waiting period. According to the VA, processing times can vary, but delays in submission typically result in longer wait times for decisions.
• Legal Deadlines: Missing deadlines can result in the dismissal of your appeal or supplemental claim, forcing you to restart the process. For example, a Notice of Disagreement (NOD) must be filed within one year from the date of the VA’s decision, as stated in 38 CFR §20.302.

Impact of New and Material Evidence on Previously Denied Claims

• Reopening Claims: New and material evidence can lead to reopening a previously denied claim, providing a fresh opportunity for approval. This is particularly important for veterans who were denied benefits due to insufficient or outdated evidence.
• Enhanced Benefits: For existing claims, new evidence can result in increased benefits or a higher disability rating, which may translate into additional compensation.

Ensuring that you submit your evidence in a timely manner maximizes the chances of a favorable outcome and minimizes unnecessary delays.

Deadlines and Timelines

Understanding the various deadlines and timelines in the VA claims process is crucial for successfully submitting new and material evidence. Missing a deadline can delay or even jeopardize your claim. Here’s an overview of the key timelines:

Initial Claim Submission

There is no strict deadline for submitting an initial claim for VA benefits. However, timely submission is crucial for establishing an effective date for benefits, which impacts the amount of retroactive pay you receive. According to the VA, the processing time for an initial claim typically ranges from 125 to 150 days, depending on the complexity of the case and the current workload.

Notice of Disagreement (NOD)

If you disagree with the VA’s decision on your claim, you have one year from the decision letter date to file a Notice of Disagreement (NOD). The VA typically takes between 12 to 18 months to review and respond to an NOD, although this can vary based on factors like backlog and additional evidence requirements.

Supplemental Claims

A supplemental claim can be filed any time after receiving a decision, provided you have new and material evidence to present. The VA generally takes around 4 to 6 months to process a supplemental claim. Again, this can vary depending on the specifics of your case and the current VA workload.

Step-by-Step Process for Submitting New and Material Evidence

Submitting new and material evidence involves several steps. Here’s a detailed guide to help you through the process. Each step is designed to ensure that your submission meets the VA’s criteria and is processed as efficiently as possible. Following these steps can significantly improve the chances of your evidence being accepted and your claim being reopened or revised.

How to Gather Relevant New and Material Evidence:

• Collect Medical Records: Gather any new medical records, diagnoses, or treatments that were not included in your initial claim. This might involve requesting records from healthcare providers or military medical facilities.
• Obtain Service Records: Request any additional service records that were not part of your original claim. This could include duty logs, deployment records, or other military documents that support your case.
• Gather Lay Statements or Witness Testimonials: Reach out to family members, friends, or coworkers who can provide statements that offer additional context or clarification of your condition or service history.

Tips for Organizing and Presenting Evidence:

• Organize Documents Chronologically: Arrange your documents in chronological order or by type to make it easier for the VA reviewer to assess your claim.
• Label Each Piece of Evidence: Clearly label each piece of evidence, explaining its relevance to your claim. For example, you might include a brief note on why a particular medical record supports your case.

VA’s Review Process

After you’ve submitted your new and material evidence, understanding what happens next is essential to manage expectations and stay engaged in the process. The VA’s review process is thorough, and knowing what to expect can help you anticipate any further actions that may be required. This knowledge can help you prepare for any potential challenges that may arise during the review.

What Happens After Submission

• Initial Review: The initial review of your submission typically takes between 30 to 60 days. During this period, the VA will determine whether your evidence qualifies as new and material and if it is justifies reopening your claim.
• Additional Development or Requests for Information: If the VA requires more information, they will issue a request for additional evidence. This can extend the review process by another 30 to 90 days, depending on the nature of the request and how quickly you can provide the additional information.
• Final Decision: After all necessary information is gathered and reviewed, the VA will decide on your supplemental claim. This can take an additional 60 to 90 days, depending on the complexity of your case.

Following Up on Your Claim

Staying proactive and informed about the status of your claim can help ensure a smoother process.

How to Check the Status of Your Claim

• Online: You can check the status of your claim through the Veterans Affairs official website.
• Phone: Call the VA’s toll-free number at 1-800-827-1000 to get updates from a representative.
• In-Person: Visit your regional VA office for a face-to-face update on your claim status. You can locate your nearest office using the VA’s office locator tool.

What to Do if More Information is Requested

• Respond Promptly: Respond as quickly as possible to any VA requests for additional information to avoid delays.
• Seek Assistance: If you need clarification on what is being requested, consider contacting a Veterans Service Organization (VSO) or our team of experts at Trajector Medical for guidance. 
• Keep Records: Maintain copies of all correspondence and submissions to the VA for your records. This is crucial in case there are any discrepancies or if you need to reference previous communications.

Potential Outcomes

Understanding the possible outcomes of your submission helps set realistic expectations and prepares you for the next steps.

Approval of the Claim

• If your new and material evidence is deemed sufficient, the VA may approve your claim, leading to the granting of benefits or an increase in benefits.
• You will receive a detailed decision letter outlining the benefits awarded and the effective date. This letter is crucial for understanding the specifics of your approval.

Denial of the Claim

• If your claim is denied, you can appeal the decision by filing a Notice of Disagreement (NOD) within one year of the decision date. You may also opt for a Higher-Level Review or a Board of Veterans’ Appeals (BVA) hearing.
• Higher-Level Review: This process typically takes between 4 to 5 months. It involves a more experienced reviewer looking at your case without considering new evidence but re-evaluating the existing evidence to ensure the original decision was accurate.
• Board of Veterans’ Appeals (BVA): If you request a BVA hearing, it may take over a year, depending on the complexity of the case and the current backlog. The BVA handles appeals that require a detailed examination beyond the initial or higher-level review. Veterans can submit new evidence and may request a hearing before a Veterans Law Judge.

Timeframes for Next Steps:

• Notice of Disagreement (NOD): Must be filed within one year of the decision date.
• Higher-Level Review: Typically takes between 4 to 5 months. This process involves a more experienced reviewer looking at your case. They will not consider new evidence but will instead re-evaluate the existing evidence to ensure that the original decision was accurate. It’s an opportunity to identify any possible errors or overlooked information in the initial review.
• Board of Veterans’ Appeals (BVA): It may take over a year, depending on the complexity of the case and the current backlog. The BVA is responsible for handling appeals that require a detailed examination beyond the initial or higher-level review. Veterans have the opportunity to submit new evidence and may request a hearing before a Veterans Law Judge. The timeframe for a decision can vary widely, influenced by the number of cases currently in the system and the specific issues being appealed.
• By following these steps and understanding the process, you can increase your chances of a successful outcome with your new and material evidence submission. Remember to stay proactive, keep organized records, and seek assistance when needed.

VSOs or accredited attorneys or agents may be able to help. And 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.