Claim. Although often overlooked, the form contains instructions and important information under “38 United States Code 5103 – Notice to claimants of required information and evidence. ” This section explains what information the claimant needs to file a claim. To be complete, a supplemental claim must include new and relevant EVIDENCE. Here's what is meant by “ new and relevant ” evidence: • New evidence is information VA has not considered before • Relevant evidence is information that proves or disproves something in your claim. For example, suppose a Veteran was denied service connection for diabetes mellitus type II because they did not have a medical diagnosis. In that case, new and relevant evidence might include private treatment records showing a medically confirmed diagnosis of diabetes mellitus type II. Since this evidence was not part of the record in the previous decision, it is considered "new." Additionally, because the evidence establishes a matter relevant to the Veteran ’ s claim— specifically, a diagnosis—it is also “ relevant. ” New and relevant evidence is not limited to medical proof. Lay evidence, such as a buddy statement (also called a lay or witness statement), can also be considered. Lay evidence is acceptable for establishing service incurrence or aggravation when service treatment records (STRs) are missing. However, it must be balanced against other evidence in the claims folder, including the absence of military records that document or support the statements. Lay evidence is generally given “ probative value ” if it comes from someone with knowledge of facts or circumstances who can observe and describe matters that a lay person can perceive. Evidence has probative value if it makes a matter material to the determination more or less likely, and has sufficient weight, either by itself or in combination with other evidence, to persuade the decision maker about a fact. For example, suppose a Veteran claims that he injured his lower back in service while moving a
heavy piece of equipment and that he continues to experience back pain due to this injury. In that case, the Veteran is competent to state that he experienced the injury and continues to experience back pain. However, unless the Veteran is a medical professional, he is not qualified to diagnose himself with degenerative disc disease with lumbosacral strain (the source of his back pain). A medical professional must provide the diagnosis. Let ’ s go further and address the event in service. The Veteran stated that he injured his back while moving a heavy piece of equipment; however, there is no record of the injury in his service records. Although he claims he injured his back during service while moving this equipment, the VA must verify his statement with the evidence of record, as his statement alone may not meet the criteria to confirm an event in service. This could lead to a denial of service connection due to the absence of documentation of a qualifying event. However, if the Veteran submits a lay statement from a co-worker who witnessed the event, the VA might be more inclined to acknowledge the incident in service, as it would be corroborated by competent lay evidence, thereby improving the chances of awarding service connection for his claimed lower back condition. Another option a veteran may pursue to appeal a VA decision is the Higher-Level Review. A Higher-Level Review is an option for Veterans who disagree with a decision and believe VA made an error based on the evidence of record at the time of decision. The main difference between a Higher-Level Review and a Supplemental Claim is that new evidence “ cannot ” be submitted during the appeal. Another difference is that the claimant may request an informal conference as part of the process. “ An informal conference is a call with the higher-level reviewer for your case. During the call, you or your representative can point out errors and discuss why you think the decision should change. ” A request for a Higher-Level Review is filed using VA Form 20-0996, Decision Review Request: Higher -Level Review. If an error is found during the
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