Your Right to Appeal

Under Title 38 CFR § 3.103, every claimant has the right to written notice, a hearing, and to choose representation. VA proceedings are non-adversarial, and the VA has a duty to assist in developing your claim while granting every supported benefit. At Veteran Help, we leverage this right to ensure your voice is heard as we help you to build a stronger case.

If you’ve been denied or received a lower-than-expected disability rating, assess whether VA had all the facts. You may pursue a higher-level review. Or, opt for a supplemental claim with fresh evidence like better medical opinions, lay statements, and statements from others that can help support your claim. You don’t need to prove your case “beyond a reasonable doubt.” just show it’s “at least as likely as not” service related. If evidence is equal, VA must rule in your favor.

What Counts as New Evidence?

New evidence is anything VA hasn’t seen before. It could be military records, buddy statements, or medical studies. But, it must also be relevant: it must prove or disprove something in your claim, increasing the probability of a positive outcome.

For example, if your claim was denied due to a weak nexus, a new medical opinion challenging the VA examiner’s findings could turn things around. Collect logical, relevant items like treatment records or studies supporting your condition’s link to service.

VA’s Duty to Assist

VA is obligated to help gather evidence. If you know of records not in your possession (e.g., from a VA medical center, federal agency, or private provider), provide details in Part IV of VA Form 20-0995. VA will retrieve relevant records on your behalf, ensuring a thorough review.

At Veteran Help, we’ve helped countless veterans file successful supplemental claims by identifying and submitting compelling new evidence. Our accredited team can handle the paperwork, help you track down records, and even connect you with medical experts for stronger opinions.