Reopening a VA Disability Claim

If you were denied VA disability compensation and you ran out of appeal options (or missed the appeal deadlines), you might not be out of luck—and you don't necessarily have to start from square one by filing a new claim. Instead, you may be able to request that the VA Regional Office handling your case "reopen" your original claim.

While you always have the right to start a new claim for disability benefits—there's no limit on the number of times you can file—reopening a previously denied claim can be an appealing option for veterans tired of wading through the VA bureaucracy. But before you decide whether to reopen or file a new claim, it helps to understand why your initial claim has been denied.

Denial of VA Disability Claims That Cannot Be Proven

In order to qualify for VA compensation, veterans need to show that their health issues are related to their time on active duty (service-connected). Proving service connection involves certain evidentiary requirements establishing a "nexus" between an in-service incident and the veteran's current medical conditions. When evidence of a nexus isn't in a veteran's file, their claim for disability benefits will be denied for not being service-connected.

For most veterans, this means they'll need to get a doctor's opinion stating that they have a medical condition that was caused or got worse due to their active duty. Once the "nexus letter" is obtained, the VA can consider the doctor's opinion to be "new and material" evidence that is needed to reopen your claim.

How to Reopen a VA Disability Claim

In order to reopen your claim, you'll need to provide "new and material" evidence to the VA (38 CFR 3.136). New and material evidence can't be just any new information—it must be medical records that you didn't submit initially, but are so important to your claim that it would be unfair for the VA not to reopen the claim to consider them. There has to be at least a reasonable chance that your claim could be proven, and benefits issued, on the basis of the new evidence.

The new and material evidence must address the specific reasons why the VA denied you benefits. For example, if the VA denied your claim as not service-connected, just submitting updated treatment notes won't be considered new and material—unless they contain a doctor's opinion about how your current injury or illness is related to your active duty.

If the VA determines that the new evidence you submitted is substantial enough to change the outcome of your claim, the agency will then reopen your claim. The new decision about your claim will be based on all the evidence in your file, including both the evidence the prior decision was based on in addition to the new evidence you have submitted.

When Can I Reopen a VA Claim?

You can ask to have a veterans claim reopened after you've been through all levels of appeal and been denied benefits each time. You can also ask to reopen your claim if your appeal rights have expired because you missed the filing deadlines (for example, it's been over a year since your initial claim was denied and you didn't appeal).

There is no statute of limitations on reopening VA claims. No matter how much time has passed, you will continue to have the right to request that your claim be reopened. However, it is to your advantage to make the request as soon as possible to preserve the earliest possible date for a potential lump-sum award of benefits.

Do I Get Retroactive VA Disability Payments If I Successfully Reopen My Claim?

When you reopen a claim, your effective date (the time when the VA starts to owe you disability payments) is either the date your claim is reopened or the date you first got your illness or injury, whichever is later. You won't be able to receive retroactive payments going back to the date the VA received your initial application.

For example, say you have hearing loss from proximity to an explosive device that occurred on January 2, 2022. You initially filed for disability compensation on January 3, 2023, but kept getting denied until you'd exhausted all your appeal options. You ask the VA to reopen your claim, providing new and material evidence connecting your hearing loss to your time on duty. The VA agrees to reopen your claim on January 4, 2024, and, after evaluating the new evidence, decides to award you benefits. Even though your service-connected injury began on January 2, 2022, and you initially filed your application on January 3, 2023, your effective date will be January 4, 2024, when the VA reopened your claim.

If the VA reopens your claim but again determines that you don't qualify for disability benefits, you can still appeal the denial.

Why Did the VA Reopen My Claim?

The VA won't reopen your claim automatically in most cases—you'll have to ask them to do it. However, in certain circumstances, the VA might reopen your claim on their own accord, typically when they've found that a clear and unmistakable error was made during a prior evaluation or if there's been a rule change that makes you newly eligible for benefits.

How to File a New or Secondary VA Disability Claim

Not all types of VA benefits are eligible for reopening. You can reopen claims for service-connected disability, dependency indemnity compensation (DIC), or burial benefits, but denials of VA pensions or increased disability ratings must be refiled as brand new claims. And if you've been diagnosed with a new condition that's linked to a service-connected disability that you already have, you'll need to file a secondary claim for VA benefits.

Veterans can file a new or secondary VA disability claim by completing Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits, and submitting the form to the VA. You can submit the form online, by mail, via fax, or in person at your local VA office. For more information about completing and submitting Form 21-526EZ, see our article on how to apply for VA disability benefits.

Whether you're filing a new or secondary VA application or reopening your prior claim, consider getting help from an experienced veterans' attorney. Your lawyer can handle communications with the VA, stay on top of deadlines, and gather the information you need to establish service connection or increase your disability percentage rating.