New and Relevant Evidence for a VA Supplemental Claim

What this standard is, and what it is not

This is the on-ramp for a supplemental claim after VA has already decided the issue. 38 U.S.C. § 5108 says that if new and relevant evidence is presented or secured, the Secretary shall readjudicate the claim taking into consideration all of the evidence of record.

It is not a claim for increase on a condition that is already service-connected and has gotten worse. VA's supplemental-claim page says to file an increase claim for that. Different form, different theory.

It is not an HLR. HLR does not take new evidence. If the only problem is that the rater misread the old file, use the closed-record lane. The full lane comparison is in the appeals post. This post is only the evidence test.

It is not a promise of a grant. New and relevant gets you a new decision on the merits. The merits can still be a denial.

And it is not the legacy "reopen with new and material evidence" standard, even though people still say those words out of habit.

The actual rule

38 CFR § 3.2501 lets you file a complete supplemental on a form prescribed by the Secretary at any time after the decision notice. The form is VA Form 20-0995.

If new and relevant evidence is presented or secured, VA readjudicates the claim on the entire record. If it is not, VA issues a decision finding insufficient evidence to readjudicate.

When VA checks that threshold, it must consider any VA treatment records you reasonably identify and any evidence received after the prior decision notice while the record was closed. That last piece matters. A record that arrived the week after the old decision can still be new.

§ 3.2501(a) says the new-and-relevant standard will not impose a higher evidentiary threshold than the old new-and-material standard in § 3.156(a). Congress said the same thing in the note to 38 U.S.C. § 5108.

§ 3.2501(a)(1) defines the words.

New evidence is evidence not previously part of the actual record before agency adjudicators.

Relevant evidence is information that tends to prove or disprove a matter at issue in a claim. Relevant evidence includes evidence that raises a theory of entitlement that was not previously addressed.

§ 3.156(d) points modern filings to that same definition.

The old § 3.156(a) test, for legacy reopenings, called material evidence the evidence that relates to an unestablished fact necessary to substantiate the claim, is neither cumulative nor redundant, and raises a reasonable possibility of substantiating the claim. You will still see that language in old letters. Do not import it into a 20-0995 unless you are actually in a legacy posture.

Duty to assist turns on with a substantially complete supplemental. § 3.2501(c) and 38 U.S.C. § 5108(b) say VA must help obtain reasonably identified records, and that help is not predicated on a finding that new and relevant evidence has already been secured. Identify the clinic. Sign the release.

You can file a supplemental at any time. 38 CFR § 3.2500(h) is why the one-year mark still matters. File within one year of the decision notice, as part of continuous pursuit, and a later grant can keep the earlier effective date. File later and the effective date generally will not be earlier than the date VA received the supplemental. VA.gov says the same thing in plain English.

What counts

A medical report that was not in the prior file and that speaks to a missing element. VA's own example: a mental-health report linking a service-connected injury to the claimed mental condition after a prior denial.

A buddy or lay statement that was not previously of record and that tends to prove an in-service event, continuity of symptoms, or observed functional loss. VA uses that example too.

A new theory of entitlement. The regulation says relevant evidence includes evidence that raises a theory that was not previously addressed. Secondary service connection after a direct-only denial is the usual pattern. The evidence still has to tend to prove that theory.

VA treatment records you reasonably identify. You do not have to print every VISTA note if you tell VA where and when you were treated.

A private DBQ or nexus opinion that did not exist, or was not in the file, at the prior decision.

What does not count

The same C&P report VA already used. It is not new.

A second copy of a record that was already in the file. Changing the highlight color does not make it new.

Pure argument that the rater was wrong on the old paper. That is HLR, not evidence.

What to look at on the letter and on VA.gov

The prior decision letter tells you the missing element. § 3.103(f)(5) requires it. Aim the new evidence at that element, or at a new theory the old decision never addressed.

If the supplemental decision says there was insufficient evidence to readjudicate, VA decided the threshold was not met. That is still a decision. You can take HLR or Board review of that finding, or file another supplemental with different evidence.

If the supplemental decision says new and relevant evidence was found and then denies on the merits, the threshold finding is a favorable finding. See the favorable-findings post. The next fight is the merits, not the on-ramp.

On VA.gov, file the disability supplemental online or submit 20-0995. Identify each issue and the date of the decision you want reviewed. That is what the form asks for.

Evidence that helps

Name the issue. Name the decision date. Attach the document, or identify the custodian with dates.

If you want VA to get a private record, sign 21-4142.

Mistakes to avoid

Filing a supplemental with the same file and a new cover letter. That is how you get an insufficient-evidence decision.

Filing HLR when you actually have new evidence. The HLR reviewer cannot use it.

Missing the one-year mark if you care about the old effective date. You can still file later. The date math changes. § 3.2500(h).

FAQ

What is new and relevant evidence?

New means it was not previously part of the actual record. Relevant means it tends to prove or disprove a matter at issue, including a new theory of entitlement. 38 CFR § 3.2501(a)(1).

Is new and relevant harder than the old new-and-material test?

The regulation says it will not impose a higher threshold than § 3.156(a). Do not let a blog mill tell you otherwise.

What form do I use?

VA Form 20-0995, Decision Review Request: Supplemental Claim. Disability compensation can also be filed online.

Can VA help me get the new evidence?

Yes. On a substantially complete supplemental, duty to assist includes help securing new and relevant evidence. § 3.2501(c); 38 U.S.C. § 5108(b). Identify the records.

What if I file after one year?

You can. VA.gov and § 3.2500(h)(2) say the effective date generally will not be earlier than the date VA received that supplemental.

Does a new buddy statement count?

It can, if it was not in the prior record and it tends to prove or disprove a matter at issue. VA uses a buddy statement as an example on its supplemental-claim page. See the buddy-statement post for how to write one that is actually useful.

Primary sources

• 38 CFR § 3.2501
• 38 CFR § 3.156
• 38 CFR § 3.2500
• 38 U.S.C. § 5108
• Supplemental Claims
• Decision reviews FAQs
• VA Form 20-0995

Educational content only. Not legal or medical advice. Confirm against the veteran's actual notice and current eCFR / VA.gov. For claim-specific help, use a VA-accredited VSO, claims agent, or attorney.