M21-1 Manual  /  Part II, Subpart iii, Chapter 2, Section B

Supplemental Claims

M21-1, Part II, Subpart iii, Chapter 2, Section B

Overview

In This Section

This section contains the topic “Supplemental Claims.”

1. Supplemental Claims

Introduction

This topic includes information on supplemental claims, including
  • definition of
    • supplemental claim, and
    • same or similar benefit on same or similar basis
  • prescribed supplemental claim form
  • requirement for potentially new evidence, and
  • handling incomplete supplemental claims.

Change Date

September 18, 2025

II.iii.2.B.1.a. Definition: Supplemental Claim

A supplemental claim is any complete claim for a Department of Veterans Affairs (VA) benefit on a prescribed application form where the claimant or his/her authorized representative disagrees with the decision VA made on an initial or supplemental claim for the same or similar benefit on the same or similar basis. Notes:
  • A supplemental claim can be submitted at any time.
  • Claimants may file a supplemental claim on a decision issued before February 19, 2019, the date of implementation of the Appeals Modernization Act.
    • References: For more information on

II.iii.2.B.1.b. Definition: Same or Similar Benefit on Same or Similar Basis

Generally, the same or similar benefit on the same or similar basis means VA has previously decided a claim for the same benefit type. Examples of distinct types of benefits:
  • service connection (SC) for right knee arthritis
  • entitlement to compensation under 38 U.S.C. 1151
  • entitlement to individual unemployability (IU)
  • SC for cause of death, and
  • entitlement to non-service-connected pension
Important:
  • In claims for compensation, a claim based on a new theory of SC is a supplemental claim. A new theory of SC (for example, when direct SC was previously denied, and secondary SC is now claimed) is sufficient new and relevant evidence to satisfy the evidentiary threshold discussed in M21-1, Part II, Subpart iii, 2.B.1.d.
  • Entitlement to IU may also be reasonably raised as part of a supplemental claim for other issues even if IU has not been previously claimed or decided. Follow the guidance in M21-1, Part VIII, Subpart iv, 3.B.1.f for identifying reasonably raised IU.
Exception: A claim under 38 U.S.C. 1151 for a disability that was previously denied SC under 38 U.S.C. 1110 (or vice versa) is not a new theory of SC and does not represent a supplemental claim for the same or similar benefit on the same or similar basis. Instead, consider it as a new claim for a separate and distinct benefit type. References: For more information on

II.iii.2.B.1.c. Prescribed Supplemental Claim Form

Supplemental claims must be submitted on the prescribed supplemental claim form, VA Form 20-0995, Decision Review Request: Supplemental Claim. Reference: For more information on the definition of a complete supplemental claim, see 38 CFR 3.160(a).

II.iii.2.B.1.d. Requirement for Potentially New Evidence

To be considered a complete claim, a supplemental claim must identify or include potentially new evidence.Potentially new evidence is evidence that may be new to the claim, thereby providing some potential basis for a supplemental claim. When deciding if a supplemental claim is substantially complete, there is no need to determine that the evidence is non-duplicative or that it is relevant. Any evidence must be accepted when making the complete claim threshold determination. Note: Once a claim is considered substantially complete, a decision must be issued on the basis of whether the evidence is new and relevant as described in M21-1, Part X, Subpart ii, 2.A.2.d.Carefully screen all newly received evidence per the steps in the table below to determine the appropriate action.
StepAction
1Determine if there is potentially new evidence by reviewing for
  • evidence submitted or identified with the claim
  • additional treatment records found by following the instructions in M21-1, Part III, Subpart ii, 1.A.2.a, and
  • evidence submitted while the evidentiary record was closed, such as
    • during the processing of a higher-level review, or
    • after a final decision unaccompanied by a claim or decision review.
Is there potentially new evidence?
  • If yes, go to the next step.
  • If no, follow the incomplete claim procedures detailed in M21-1, Part II, Subpart iii, 2.B.1.e.
2Does the new evidence warrant additional development action(s)?
  • If yes,
    • complete required development actions, and, when complete,
    • refer the claim for a decision.
  • If no, either
    • take authorization/award action (if no rating decision is needed), or
    • refer the claim to the rating activity for a decision once any applicable 30-day response period required under Section 5103 has expired.
References: For more information on

II.iii.2.B.1.e. Handling Incomplete Supplemental Claims

If the claimant submits a supplemental claim that is not substantially complete, follow the procedures in M21-1, Part II, Subpart iii, 1.C.2.b to notify the claimant.Important: A claimant must submit a complete supplemental claim within 60 days of notice by VA that an incomplete claim was filed, in order to preserve the filing date of the incomplete claim. References: For more information on

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part II, Subpart iii, Chapter 2, Section B (U.S. government work, reproduced for reference). Browse all sections →