For many veterans, receiving a denial letter from the US Department of Veterans Affairs (VA) may seem like a final decision. However, this is not always the case. In some situations, veterans can reopen previously denied claims even years later if they provide new and relevant information. At Tabak Law, our team has helped thousands of veterans turn denials into approvals through strategic legal approaches tailored to their specific needs.

Understanding Final Decisions and the Power of “New and Relevant” Evidence

When the VA denies a claim, the decision becomes “final” if you do not appeal within one year. However, this doesn’t mean that the door is closed forever. Under 38 U.S.C. § 5108, veterans can request to reopen their claim if they can provide “new and material” evidence. The term “material” was updated in 2014 with the Honoring America’s Veterans and Caring for Camp Lejeune Families Act, making it easier for veterans to meet this requirement.

According to 38 CFR § 3.156(a), “new” evidence is existing information that has not been previously submitted, and “relevant” evidence is information that, when considered in conjunction with other evidence, is related to a fact that needs to be established in order to support a claim.

Common Types of New Evidence That Can Reopen a Claim

Veterans often believe that their only chance for success is during the initial application process, but this is a myth. In fact, many successful reopenings occur due to newly discovered evidence. This evidence can include:

• Updated medical records showing a worsening condition or a new diagnosis related to service.
• Statements from fellow service members, family members, or friends confirming in-service events or the onset of symptoms.
• Service records that were previously unavailable or overlooked, which confirm exposure to hazardous substances (e.g., burn pits, Agent Orange).
• Opinions from qualified medical professionals linking a current disability to military service, a critical element often lacking in original claims.

The VA’s Adjudication Procedures Manual (M21-1) provides internal guidance on how raters should evaluate evidence, emphasizing a veteran-friendly approach wherever possible.

Strategic Steps to Reopen Your Claim

Identify the Reason for the Original Denial

Review your previous decision letter carefully. Was the service connection denied due to a lack of on-service injury or was there no medical reason? Pinpointing the missing element will help you focus your new evidence.

Gather Targeted, High-Quality Evidence

Instead of submitting anything new, focus on what directly addresses the issue at hand. For instance, if your PTSD claim was denied due to an unverified stressor, obtain unit records or statements from friends that confirm the event.

File a Supplemental Claim

As of February 19, 2019, the Veterans Affairs (VA) implemented the Supplemental Claim process under the Appeals Modernization Act (AMA). This is the appropriate channel for submitting new evidence related to previously decided issues. When you submit a claim, you must clearly identify the specific claim you are seeking to reopen and provide relevant new evidence in your request.

Work with an Accredited Representative

Navigating the VA (Veterans Affairs) system requires precision and expertise. Only VA-accredited attorneys and agents can legally represent veterans in benefit claims. At Tabak Law, we have a team of VA-accredited attorneys who are experienced at navigating the complexities of the VA system. Our attorneys know how to present evidence convincingly and avoid common procedural traps, ensuring that veterans get the benefits they are entitled to.

Why Timing and Precision Matter

The VA processes millions of claims each year. Incomplete or incorrectly submitted claims often lead to delays or even a denial. Submitting a supplementary claim without clearly connecting new evidence to previous issues can cause the VA to dismiss them as irrelevant.

Furthermore, while there is no time limit for reopening a claim with new evidence, it is advisable to act sooner rather than later in order to preserve access to retroactive benefits. According to 38 U.S.C. § 5110, the effective date of an award based on a reopened claim is typically the date when the new claim was received, unless you qualify for an earlier filing under specific exceptions.

You Don’t Have to Fight Alone

At Tabak Law, we have recovered nearly $300 million in benefits for over 10,000 clients nationwide. Our mission is to guide veterans through difficult times and provide them with hope, compassion, integrity, and legal professionalism that is second to none.

If your VA claim was denied years ago, don’t give up hope. With the right evidence and legal strategy, your case may still be closer to approval than you think. We can help you review your case and determine the best course of action. Contact us today for a free consultation and take the first step towards the benefits you deserve for your service.