Win Your VA Claim Appeal With New Evidence

If you lost your veterans disability claim at the Regional Office level, there is a good chance you were missing a key piece of evidence that was necessary for VA to grant your claim. After you have gone through the Notice of Disagreement process at the Regional Office, you then can file a Form 9 substantive appeal to take your appeal to the Board of Veterans’ Appeals (BVA).

What I see far too often are veterans not taking advantage of the opportunity they have at that point to submit additional new evidence that will strengthen their claim.  If you know the law and use it to your advantage, you can make it more likely that you will win your VA claim appeal for disability compensation at the Board of Veterans’ Appeals.

evidence for VA claim appeal
Missing evidence can be key.

Use the VA’s Process to Your Advantage

I am not sure why more veterans don’t take advantage of this opportunity to add helpful evidence.  I think it is because many veterans don’t realize that VA’s processes are different in many ways than other court systems are with regard to new evidence on appeals.

In most types of legal actions, if you lose your case and appeal you cannot submit new evidence during the course of that appeal. The appeals court is only reviewing the case to see if the lower court judge got it right based on the evidence presented.  Even if you have a new witness or find out the other side was lying, you cannot bring that up on appeal because “the record is closed.”  That is another way of saying that the time for evidence has ended.

The good news is that the VA claim appeal process works totally differently.  When you appeal to the Board of Veterans’ Appeals, you can, and probably should, gather and submit new evidence that supports your claim.

Use New Evidence

The important thing to keep in mind here is that VA has some very powerful rules that can be used to your advantage in the appeals process. You need to recognize these and take advantage when possible.

Too many veterans get caught in the trap of thinking that the VA denied their claim simply because they do not like them or that they are overworked. While those things may be true, it is your job, or that of you and your representative/attorney:

  • to understand what evidence is needed,
  • to recognize you have the opportunity to submit that evidence,
  • and to provide it in time so that it can be considered with your appeal.

Hopefully, that will result in a grant of your claim. Even if the BVA does not grant the claim outright, they may at least remand it to the Regional Office for further development of one or more issues now that there is at least a way the claim may eventually be granted.

Get Help with Identifying Critical Evidence for Your VA Claim Appeal

If your claim is headed to the BVA at this point, it might be a good idea to consult with an attorney who is experienced in VA appeals to help you through that process. That attorney can help you determine what evidence was missing when the claim was denied.  The attorney can also help to gather that evidence, whether it is in the form of a medical opinion, a buddy statement, medical records, or service records.

We had a BVA hearing recently where we were able to do just that.  Our client had been denied service connection for PTSD because he had no evidence of a PTSD diagnosis.  We were able to get a medical opinion diagnosing him with PTSD and relating it to his military service.  Without this new evidence on appeal, his PTSD claim would likely have been denied.

There are strict deadlines on submitting new evidence in a VA claim appeal, but these rules can be used to your advantage if known and acted upon. If you would like to consult with one of our VA accredited attorneys, you can reach out to us on this website or give us a call for a free consultation. We will be glad to see what we can do to help you with your claim.

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims.  He regularly writes about issues that are important to veterans and their families.

You can subscribe to his Veterans Disability channel on YouTube.

I could not have asked for a better lawyer to represent my worker comp. case. Any questions I had during the process was always answered in a timely manner. Mr. Perkins really cared about insuring that I wasn't being taken advantage of during this process and helped us reach a settlement that I feel comfortable with. I would recommend this firm to my parents or children.syndel Laber
I'm so thankful and grateful for all the hard work Jason, Tina and Liz did for me. They went above and beyond to get the best outcome for me. They took the to explain everything that was going on with my case again I'm so thankful grateful and happy with the outcome of my workers comp case.Adrian Adams
First off, I must say thank you again to the office of Perkins Studdard. I appreciate all the hard work and dedication your office has shown to achieve a successful and happy outcome. You have forever changed my family’s life! Also, I wanted to give a special shoutout to Jessica Hyatt for her excellent attitude, advice, and overall professionalism throughout every step of this process. This journey has finally been complete after more than a decade of being denied and almost giving up. However, two of my old coworkers advised me that the office of Perkins Studdard had also successfully helped them achieve their proper rating too. Needless to say, this has been one of my best decisions in life. I can now sleep a little better and stress free knowing I finally got what I deserved all along. Once again, thank you for everything! And shoutout to Travis Studdard, “we did it.” Respectfully, Jonathon FloresJonathon Flores
My family and I are so grateful for Jason Perkins and his team. Jason explains thing's to detail and walks you through every step of your case. I would highly recommend Perkins Studdard for your legal needs. Thank you so much Jason and Tina!Chapin & Lea Anne Warner
The best I know for workers comp attorney'sDenise Williams
Jason really has helped me so much through this hard experience I have went through! And the ladies in the office was wonderful with any and everything I had questions about! I highly recommend using this lawyer office to everyone and Jason Perkins for sure!! Thank y'all for everything and making it easier to get through this long though experience! James HammittJames Hammitt
Thank you so much ! I received excellent representation from the entire Perkins Studdard Law firm, my VA claim was resolved and granted in a timely manner, they were hands on with me during the entire process. I would definitely recommend the firm to any veteran deciding to file a VA claim.Darrell Lynn
I would like to thank the law firm of Perkins-Studdard (Travis) and his team, for performing such an outstanding job, at every possible level, during my recent situation with the VA Disability Claims . From the first time I called and spoke with Mr Studdard with an overview of my situation, until the final settlement was executed (successfully I may add), I always felt that I was in good hands with this firm. Everyone in the office, Jessica, and April were responsive, approachable, knowledgeable, good listeners, and extremely professional. Mr. Studdard was realistic of the circumstances and of the potential difficult process that would lay ahead, should I proceed. I can’t say enough about Travis, and I will always be thankful to him. Travis was committed, and he instilled a real sense of confidence during both the highs and the lows. He ultimately prevailed and the outcome was very much in my favor. Of course, each case is different on its own merits and one can never predict how things ultimately will turn out. All I know is that the settlement far exceeded my expectation. Mr. Studdard has been a blessing to me. I strongly recommend that anyone who would find themselves in a similar legal situation with the VA to contact Law Offices of Perkins Studdard for a consultation. It was a very positive experience given the circumstances. Thank you again, I shall forever be in your debt.Concetta Hogg
Mr. Perkins, I cannot express enough how thankful I am for your exceptional representation. Your hard work, expertise, and unwavering commitment to my case have left an indelible mark. Thanks to you, I can now move forward with my life, confident that justice has been served.Esli Roque
Travis and his team have been a blessing for me and my family. They have done an amazing job in helping me navigate the VA appeals process. They kept their eye on the ball all the way through the long, difficult and confusing process. I highly recommend Travis and his team because thanks to their professionalism and know how, I got the benefits I deserve.Daniel patriot

Related Posts


Font Size: