Veterans Disability
As a Veterans law attorney at SG Legal Group, I help Veterans navigate the modern VA appeals system every day. One of the most valuable tools the Appeals Modernization Act (AMA) created is the supplemental claim, and understanding how to use it properly is essential—especially when your goal is to preserve the earliest possible effective date. In my practice, I often see Veterans lose years of retroactive benefits simply because they misunderstand the rules surrounding supplemental claims, “new and relevant evidence,” and the timing required for continuous pursuit.
In this article, I explain how supplemental claims work, what qualifies as “new and relevant” evidence under 38 C.F.R. § 3.250, and how filing within one year of an adverse decision can protect your effective date. My team at SG Legal Group regularly assists Veterans with supplemental claims for any denied VA decision, including Board of Veterans’ Appeals decisions.
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A supplemental claim is a review option available to a Veteran who has received any type of adverse VA decision—whether from the Regional Office or the Board. When you file a supplemental claim, the VA must readjudicate the issue as long as you submit “new and relevant evidence” with the filing.
This option is powerful because it allows you to correct evidentiary gaps without immediately entering a lengthy appeal lane. It also preserves the opportunity to pursue an earlier effective date if you comply with the AMA’s timing requirements.
The phrase “new and relevant evidence” is at the heart of the supplemental claim process. Under 38 C.F.R. § 3.250, evidence is considered:
This standard is intentionally lower than the pre-AMA “new and material” standard. The VA is supposed to accept a broader range of evidence so that Veterans can more easily correct deficiencies in earlier decisions.
In my experience, the most decisive forms of new and relevant evidence include:
1. Medical Treatment Records
Treatment notes from VA or private providers often contain details the original adjudicator overlooked—such as chronicity, severity of symptoms, functional limitations, or a provider’s comments connecting the condition to service.
2. Lay Statements
VA must consider competent lay evidence. Statements from you, family members, or coworkers describing symptom progression, limitations, or in-service events can be enough to reopen a claim that was previously denied for lack of evidence. These are especially important in cases involving conditions that are episodic or not well-documented during service.
In my practice, two mistakes appear over and over—and they often cost Veterans years of retroactive benefits:
Submitting Evidence That Isn’t Actually “Relevant”
Many Veterans believe that any new evidence is enough. But if the evidence does not speak directly to the reason VA denied the claim, the VA can reject the supplemental claim entirely. For example, submitting updated prescriptions may be “new,” but it may not be relevant to proving service connection if the VA denied the claim for lack of a nexus.
Missing the One-Year Deadline for Continuous Pursuit
The AMA rewards Veterans who act quickly by allowing them to preserve the earliest possible effective date if they file within one year of an adverse decision. I often see Veterans mistakenly assume they can refile at any time. When they finally do, the VA treats the filing as a brand-new claim, wiping out years of potential backpay.
Understanding this rule—and acting on it—is one of the most important things a Veteran can do after receiving a denial.
The AMA created the concept of continuous pursuit, which allows a Veteran to preserve their effective date as long as they file the next review option within one year of the previous decision.
This means that if your claim was denied:
As long as you maintain this chain of filings, your original effective date stays intact. That can mean the difference between receiving a few months of retroactive benefits and receiving years of compensation.
This is a point I emphasize with every new client. The VA’s one-year window is strict. Missing it by even a single day can reset the effective date and eliminate significant backpay.
One of the most common misconceptions I see is the false belief that a Board of Veterans’ Appeals denial is the end of the road. It isn’t.
Under the AMA, even after a Board denial, a Veteran may file a supplemental claim with new and relevant evidence. The VA must then readjudicate the issue. If you file within one year, you continue to preserve your original effective date through continuous pursuit.
At SG Legal Group, I regularly file supplemental claims after Board decisions—especially when the Board relied on an inadequate examination, misinterpreted evidence, or overlooked favorable lay statements.
When a Veteran receives a denial from the VA, I typically advise them to take the following steps:
As an attorney who regularly handles VA disability matters, I know how critical it is to present the right evidence, framed the right way, at the right time. A supplemental claim is not just a refiling—it is a legal strategy focused on correcting the VA’s identified deficiencies and maintaining the earliest possible effective date.
My team at SG Legal Group helps Veterans by:
No matter how far along your claim is, you have options—and we can help you use them effectively.
The supplemental claim process is one of the most important tools Veterans have under the AMA. By submitting new and relevant evidence and filing within the one-year continuous pursuit period, you can protect your effective date and strengthen your claim for disability compensation.
If you or a loved one received a VA denial, contact me at SG Legal Group. My team and I will help you understand your options and pursue the benefits you deserve. Call 410-618-1277 or visit our Contact page to schedule a consultation.
This article provides general information and is not legal advice.
Joshua C. Sussex, Esq.
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