A Guide to Submitting Evidence for Your VA Supplemental Claim
Having your claim denied can be incredibly frustrating. After the hard work and dedication you gave through your service, it can feel like the VA has turned their back on you. By denying your claim, the VA may also be denying you your quality of life, the ability to support your loved ones, and the ability to receive the medical treatment you need.
However, a denied claim isn’t the end of the road, and a supplemental claim bolstered by ample evidence could help you receive the benefits you’re entitled to. Here, we’ll discuss what the evidence in your supplemental claim needs to prove, the kinds of evidence that are frequently submitted with Veterans Affairs appeals, and how to submit it successfully.
What You Need to Prove in the VA Appeals Process:
First, let’s focus on what you need to prove in your VA supplemental claim to receive benefits from the VA appeals process:
You have a disability: You need to be able to prove that you’re currently living with a disability.
A stressor occurred due to your service: A stressor is a catch-all term that refers to injuries, traumatic experiences, and illnesses. A stressor might be something clearly documented like a serious physical injury, or it could be something less-easily documented, like being repeatedly exposed to traumatizing content in reports or documents. To receive benefits, it’s crucial that the stressor is directly related to your military service.
Your disability or condition can be linked to that stressor: Finally, you need to prove that the disability you currently have is connected to the stressor you experienced during your service. To meet the VA’s burden of proof and receive compensation, you have to demonstrate (usually through a medical nexus letter) that it is at least 50% likely that the disability was caused or aggravated due to your service.
The VA appeals process can be complex. To learn more about it, check out our guide to the VA appeals process, timeline, and what you can expect.
What Types of Evidence Can You Submit in Your Supplemental Claim?
Evidence is your best tool for proving your disability, and the fact that it was caused by your service, to the VA. By presenting evidence with the assistance of a VA-accredited lawyer, you can paint a vivid picture illustrating the connection between your service and your current disability. There are several different types of evidence that Veterans typically rely on, but the most common are:
Federal, State, and Service-Related Records
If they weren’t included in your initial claim, the basics of your appeal should include federal, state, and service-related records. Start with gathering:
Military personnel records: This record details your service, such as your dates of enlistment, where you were stationed and your qualifications, and your discharge. Your military medical records will also determine whether you’re eligible for various presumptive conditions. You can request your records online.
Military medical records: Your medical records document each treatment you received during service.
Your report of separation (DD Form 214): Your DD Form 214 (DD 214) details your separation or discharge from the military, which may impact your eligibility for benefits. For example, if you were discharged for dishonorably conduct, you may be ineligible for certain benefits.
How Do I Get My Military Medical Records?
You can request your own records online. While your service or medical records might seem too basic to substantially contribute to your claim, they can form the foundation that other compelling evidence builds on. Therefore, it’s important to take the time to request them. Requesting your records promptly will also give you extra time if you find that your records are incomplete or inaccurate. Errors within your medical records could make it difficult for you to win your appeal.
Take the case of Kenneth Haselwander, for example: Mr. Haselwander was injured by enemy fire in Vietnam, but his medical records didn’t reflect his injury or treatment, preventing him from receiving the Purple Heart medal he was entitled to. By finding evidence and receiving supporting statements that verified his injuries, he was able to prove that his record was incomplete.
If your military medical records are incomplete or inaccurate, consulting with an attorney* who is familiar with military records corrections could help you receive the benefits you’re entitled to.
Private Medical Treatment Records
To build a stronger claim, you can include records from private medical treatments. Examples of the types of records you could include are:
Medical reports from a private physician: For example, if you suffered damage to your respiratory system during your service and later were prescribed a sleep apnea (CPAP) machine, those medical records may give evidence to your disability. You can use this VA form to request medical records from your healthcare provider.
X-Rays or other medical images: Especially when accompanied by testimony from a medical expert, images can illustrate how a service-related injury impacts your body on a daily basis. A broken bone that healed improperly could limit your range of motion, and medical images such as X-rays could demonstrate that.
Results from medical tests or assessments: Because a crucial part of your appeal is proving that you currently have a disability, the results of medical tests or assessments can be highly valuable pieces of evidence.
A Medical-Nexus Letter: You may be able to find a private doctor to review your entire VA claims folder and assert to a degree of medical certainty that your medical condition is more likely than not connected to your time in service.
Keep in mind that you will most likely need to pay for these tests, assessments, and images yourself.
Submit a VA Statement in Support of Claim
A statement in support of a claim is an incredibly powerful piece of evidence. Statements in support of claims, also known as buddy letters or lay statements, are accounts given by friends, family, employers, or fellow Veterans documenting how your life has been impacted by your disability. Buddy letters can be critical for establishing a service connection to your disability.
Check out our comprehensive guide to buddy letters to learn what buddy letters should include, along with an example of a buddy letter.
Using Employment Records as Evidence for Your VA Claim
Just like how buddy letters can illustrate how your life has been impacted by your disability, employment records can be equally valuable. If you suffer from PTSD, for instance, it might impact your ability to work. In this case, documenting your employment records using VA Form 21-4192 can demonstrate how your disability has impacted your ability to earn income.
Submitting Evidence with Your VA Supplemental Claim
When you’ve gathered ample evidence supporting your supplemental claim, it may be time to submit it. Consulting with an attorney can ensure that you submit the most effective evidence properly.
How Long Do You Have to Submit Evidence?
If you file a Supplemental Claim, you have one year from the date on your decision letter to submit your claim and new evidence. (Note that you have a year from the date on your decision—which may be a few days prior to you receiving your decision.) While this may sound like an ample amount of time, it’s important to act promptly, as gathering evidence can be a lengthy process. It can take as long as a month to receive your own medical records, and other forms of evidence like buddy letters can take time to request, have produced, and receive.
Consider consulting with a VA-accredited lawyer who is familiar with the VA appeals process and can advise you on what evidence to submit.
How Do You Submit Evidence to the VA?
You should always try to submit as much relevant evidence as possible with your initial claim. This will increase your chances of receiving benefits right away and eliminate the need to appeal the VA’s decision. However, you can submit more evidence online during your appeal.
When Appealing the VA’s Decision, Turn to a Trusted Lawyer
Appealing the VA’s initial decision can get you the benefits you’re entitled to and deserve, but it’s not always easy. Fortunately, you don’t have to navigate the VA appeals process alone.
Michael D.J. Eisenberg is a VA-accredited lawyer with over a decade and a half of experience helping Veterans like you navigate the appeals process. He can help you determine what evidence will be most effective and present your appeals before the BVA if necessary.
Note: Consultations for Veterans’ Benefits Appeals Matters are free; however, consultations for Military Records Issues and Medical/Physical Evaluation Boards are paid.