The best possible choice for any veteran is to obtain the benefits you are entitled to at the earliest date. However, in dealing with the VA that is not always possible, and the reopening claims procedure is useful.
The threshold question is whether the prior claim is final. As used in this context, "final" means the claim has been appealed to the highest level possible in the VA adjudicatory process or that the time to appeal has expired without an appeal being filed. This is a different procedure and should not be confused with filing an increased rating for benefits. This "do-over" is an important advantage to veterans to correct deficiencies and reopen VA Disability Claims that led to the denial. There is no time limit to reopen a prior claim.
What Types of Claims Can Be Reopened?
Technically, there are only three types of reopened claims:
- Claims for services connected to veteran's disability.
- Claims filed by a surviving family for service connection for death benefits.
- Claims for burial benefits.
Claims for increased disability ratings or non service connected pension benefits are new claims not reopened claims.
When Can You Reopen a VA Disability Claim?
To reopen a claim, the veteran must submit "new and material" evidence. Evidence is new if it was not previously submitted to the VA in the claim that the veteran is attempting to reopen. Evidence is material if it establishes a necessary fact to substantiate the claim. Procedurally, the VA is supposed to consider the new and material evidence before making a decision to reopen the claim. In making the decision to whether to reopen the claim, the VA is supposed to consider both the old evidence in the claim file and the new and material evidence. The new and material evidence should not be cumulative of the prior evidence and should raise a reasonable probability of proving the claim.
Contact Our Nebraska-based VA Disability Lawyers for Assistance Nationwide
Unfortunately the effective date for benefits is the date of filing the reopening claim not the original claim. For more information about reopening disability compensation claims, contact Sean or Tim Cuddigan at (402) 933 5405 or fill online contact form to receive a prompt response. Cuddigan law serves veterans in Nebraska, Iowa, Minnesota, Illinois, Colorado, Missouri and South Dakota.
