Transcript:
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There’s a lot of intricacies when it comes to supplemental claims versus higher level reviews. Both must be filed within one year of the rating decision in order to continue an appeal and preserve your original effective date. They differ vastly in their evidentiary parameters. With supplemental claims, you can add any evidence you want as long as that evidence is new and relevant to the claim at issue. With a higher level review, you are stuck with the evidence of record at the time of your previous
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rating decision that you’re appealing. So, if you feel that the evidence of record at the time of your last rating decision was sufficient to grant the claim, a higher level review is the way to go. You can fix common legal errors here. You can establish favorable findings of facts through a higher level review, but you cannot add new evidence. At the same time, with a supplemental claim, you can add new evidence if the VA has denied your claim for lack of a nexus, lack of an inservice event, lack
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of a stressor, for example, in PTSD claims. Those are the perfect scenarios to add additional evidence that the VA thinks is lacking from your claim. You also want to file a supplemental claim if it’s been more than a year. If you’re outside of that appeal period and you want to reopen a claim that’s been previously denied, you can only do that with a supplemental claim. You cannot do that with a higher level review. Higher level reviews only apply if you’re during the appeal period or you’re
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within that appeal period. You cannot higher level review a previous higher level review. You cannot higher level review a previous board decision. You can file a supplemental claim in response to a board decision that denied your claim. Even a court decision, even a higher level review. You can add new and relevant evidence any time with a supplemental claim. Now, there is one pitfall to be very aware of when it comes to supplemental claims. In that context, the evidence you submit has to be new and relevant. This is a very low
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bar. But if you don’t submit new and relevant evidence, your supplemental claim will fail. So in each context having representative assist you as to which route is appropriate and to avoid those potential pitfalls is of the utmost importance in pursuing your claim and maximizing your benefits.
This transcription was AI populated.
