“Hi, I’m Cecilia Santostefano, a veterans benefits attorney with Woods and Woods, an Indiana-based law firm dedicated to helping veterans and their families nationwide.
“I’m here today to help you understand the concept of new and relevant evidence. I’ll define new and relevant evidence for you and give you some examples of the evidence veterans typically use. VA commonly denies claims, but veterans have options to move forward.
“I want to make it clear that this video is only important for veterans in the appeals modernization system that took place in February 2019. It will not apply to those veterans who are still in the legacy appeals system.”
“From the day we contacted [Woods and Woods], they made us feel so comfortable. They treated us like we mattered and we were not just clients but family.”
What is new and relevant evidence in a VA disability appeal?
“There are two steps. You need new evidence, meaning that the evidence has never been submitted to the VA to consider before. Once you have identified new evidence, you also have to make sure the evidence is relevant. What does VA mean by relevant? Relevant evidence is evidence that tends to prove or disprove a matter that’s still an issue in your case.
“So, let’s look at an example. Say you applied for service connection for a left leg disability, and you were denied. After the decision came out, you began getting treatment for your leg and you were diagnosed with a form of arthritis. If the reason the VA denied your claim in the first place was because you didn’t have a diagnosed disability, then submitting this evidence of your arthritis diagnosis will trigger the VA to reconsider its previous denial.”
Once you have identified new and relevant evidence, what can you do?
“You submit it with a supplemental claim form, which is VA form 20-0995. If you are still within one year of the previous denial, you can submit this evidence and ultimately if VA grants your benefit down the line, the effective date of your claim will be your original claim date.
“If you fall outside of that one-year period, you can still have VA consider your claim with the new and relevant evidence. The only difference is that the effective date is going to be the date of your supplemental claim.”
How Woods and Woods can help
“It’s important to understand the purpose of new and relevant evidence because VA denials are so common. At Woods and Woods, we deal with this every day and help veterans identify and submit new and relevant evidence in support of their claims.
“If you’ve been denied VA benefits, call us right away, even if one year has passed. If you have any questions, give us a call.”
Cecilia Ton
VA disability lawyer
Woods & Woods
Cecilia Ton earned her law degree from Syracuse University. She practiced VA benefits law at firms in Rhode Island and North Carolina. She joined Woods & Woods in 2021.
