According to some researchers, procrastination has more than quadrupled in the last 30 years. Society places a stigma on those who procrastinate, with many viewing it as a lifestyle choice. Some may even label you as lazy for putting off tasks. However, there is additional research showing that procrastination can be based in fear rather than apathy. In fact, fear of failure is one of the leading reasons why people procrastinate. When it comes to VA disability, however, procrastination can cause your claim to close, resulting in the loss of your original backpay date. While it is bad to let your claim close, it’s not the end of the world. So, what happens if your claim closes?
To be clear, it’s always best to keep your claim open and make every effort to refrain from letting your disability claim close. There are many different timelines in the VA. At some stages, you have a year to file an appeal. In other situations, you only have 30 or 60 days to file an appeal. It’s important for Veterans to realize that reopening a claim does not reestablish your initial back pay date. Your new back pay date commences once your case is reopened.
However, if it does indeed close, it’s not the end of the road. Veterans can actually reopen their claims once they’ve closed. The process, unlike many things with VA disability, is somewhat simple. There are a few steps that you have to take in order to properly reopen your claim. A Veteran can’t simply call the VA and say that they want to reopen their claim. Instead, you have to submit what the VA defines as new and material evidence.
Unless you have a legal background, you’re probably not familiar with that term. It may seem obvious, but new evidence is something that you haven’t submitted to the VA before. Do not resubmit medical records, statements, etc. that you’ve submitted before. For instance, a medical evaluation pertaining to your knee condition that you used when you originally filed your claim wouldn’t be considered new.
Material evidence is proof or testimony that has a significant relationship with the facts or issues of a case or inquiry and can affect its conclusion or outcome. In other words, your evidence has to pertain to the claim that you are reopening. For example, if your original claim was for your knees, the evidence you use to reopen your claim with must pertain to your knees. You can’t reopen your claim for your knees with a medical evaluation for a mental disability.
How do you obtain new and material evidence? Don’t let the phrase throw you off or intimidate you. It’s simple. New evidence can be new medical records, a new statement from a witness, often referred to as a “buddy statement,” or “statements in support of the claim,” or even new treatment like rehabilitation or therapy. Work with your primary care doctor to obtain this new evidence. In some situations, your doctor may be able to refer you to a specialist.
Once again, it’s best to keep the claim open. While the deadlines can be confusing, there are options for Veterans. Many Vets turn to the team at Jan Dils, Attorneys at Law. The attorneys and staff can help you keep your case on track and prevent your claims from closing. If you’d like to learn more about the services available, call toll-free 1-877-526-3457. If you are unable to talk now, fill out this form so a representative can reach out to you at a more convenient time.