Re-opening a claim after more than one year when it was denied.

[Marcelino.Rodriguez]

I am in the process of opening several claims that were denied more than one year ago and I never appealed the denials. What would be the process that I need to follow in order to re-open the claims.

 

Thank you.

[brokensoldier244th]

Use 20-0995 to do a supplemental claim

[broncovet]

You have options, but those depend on your decision and your circumstances.  We dont know those.  

Sometimes, there are "clear errors" in the decision, and you can file cue, but it would take a review of the decision(s) as well as your file to know that.  If there was Cue, then you could get retro pay all the way back to when you first applied.  

Indeed, if you are re applying, this suggests maybe you thought it should have been approved the first time.  

Wild card:  New evidence.  If VA did not have all the evidence, then new evidence may well tip the scales in your favor.  See 38 CFR 3.156.  

We often dont know what evidence the VA had.  And, you may want to find that out.  

OR, as broken soldier stated, you can just re apply with a supplemental claim. 

It's not impossible both of these methods eventually yield the same result, but the supplemental claim route would often involve appeals of the effective date.  

[pacmanx1]

While I do agree with the above posts, be forewarned that some VAROs and the Evidence Intake Center are requiring some veterans to fill out a new VA 526EZ Form especially if their denied claim is well beyond a years old. I had the VA return my VA 20-0995 Form and had me fill out a new VA 526EZ Form to reopen my claim and then denied my claim even with a new Contractor LHI Favorable Medical Opinion. My appeal will hit the three years mark this year and yes, this appeal is under the new AMA appeals at the BVA.

[brokensoldier244th]

42 minutes ago, pacmanx1 said:

While I do agree with the above posts, be forewarned that some VAROs and the Evidence Intake Center are requiring some veterans to fill out a new VA 526EZ Form especially if their denied claim is well beyond a years old. I had the VA return my VA 20-0995 Form and had me fill out a new VA 526EZ Form to reopen my claim and then denied my claim even with a new Contractor LHI Favorable Medical Opinion. My appeal will hit the three years mark this year and yes, this appeal is under the new AMA appeals at the BVA.

Under what regulatory guidance did they claim that? That is not regulation as far as I know- and I see a lot of supplemental claims. 

[pacmanx1]

4 hours ago, brokensoldier244th said:

Under what regulatory guidance did they claim that? That is not regulation as far as I know- and I see a lot of supplemental claims. 

I know, tell me about it. Let’s agree that even though you have seen a lot of supplemental claims, you have not seen everything. After my reopened claim was denied, I actually did file a supplemental claim requesting the exact same benefits and the VARO denied that supplemental claim. My claim was for an EED (Earlier Effective Date) of an already service-connected disability. The VA refused to consider VAMC medical progress reports as evidence of prior treatment records even after the new medical examiner’s opinion that I was definitely treated for the disability and was diagnosed with the exact name and label of the disability in my records prior to my current effective date. The examiner even listed those VAMC Medical treatment records dates in her opinion but my supplemental claim like my reopen claim was still denied and it makes no sense.

[Rattler]

brokensoldier244th

It's a new trick some uneducated forks at the VA are doing so they don't have to process claims. Hears an example. 1-9-23 I filed a supplemental claim with new and material evidence on a 1982 claim. I had to refile it 5 times at the RO. They keep demanding that I file a 525EZ. Finally on 1-28-23 after 4 calls to the WH hotline where they I got someone on the phone to admit that I was using the right form and processed it. I waved any C & P Exams because I had a 14 page IMO and 5 DBQ. they ratted me @ 20% for my shoulder and denied my wrist because they scheduled a C & P Exam that I told them I waived and would not attend.