New evidence is evidence that was not part of the record VA had when it decided the claim. Relevant evidence is information that tends to prove or disprove a matter at issue in the claim. Under 38 C.F.R. § 3.2501, relevant evidence "includes evidence that raises a theory of entitlement that was not previously addressed."

So an item can qualify in more than one way: it can answer the reason VA gave, prove a fact VA said was missing, correct a premise VA relied on, or open a route to the benefit that VA never considered. A record VA already had is not new, even with a new cover page.

VA uses the same plain-language definition on its Supplemental Claims page.

Five ways an item can be new and relevant

These examples are fictional. Each prior decision is different so the routes stay distinct.

RoutePrior decisionNew itemWhy it may be relevant
Answers the stated gapMigraines denied; VA accepted the diagnosis and an in-service head injury but had no opinion linking themA clinician's report that reviews the injury, the headache history, and other possible causes, then explains a conclusionIt speaks to the medical link, the element VA said was missing
Proves a missing factLeft shoulder denied; no in-service injury shownA statement from a fellow service member who saw the veteran fall from a vehicle and drove them to sick callIt bears on the event VA said was not established
Corrects a premiseHypertension denied; the examiner said the first high readings were in 2024A 2019 private clinic note with elevated readings that VA never receivedIt contradicts a fact the negative opinion relied on
Raises a new theoryLeft knee denied on a direct basis; no knee injury in serviceA clinician's report on whether the service-connected right ankle condition caused or worsened the left kneeIt raises secondary service connection under 38 C.F.R. § 3.310, a theory the prior decision did not address
Records you ask VA to getAny of the aboveVA treatment records at a named facility and dates, or private records you authorize with VA Form 21-4142VA gathers them; they count once they are in the record

The second row mirrors one of VA's own examples: a fellow service member's statement about a back injury they witnessed. The fourth row is easy to miss if you assume new evidence must answer the prior reason. The knee report does not answer "no injury in service" at all, yet it is relevant because it raises a different theory.

Two items that do not qualify

New but not relevant to any matter at issue. VA already accepted the migraine diagnosis. Another recent note that confirms the diagnosis, and says nothing about the head injury or the link, is new but does not tend to prove anything still in dispute.

Already in the record. If VA had the 2019 hypertension note when it decided the claim, sending it again does not make it new. Check the evidence list in the decision and, if needed, your claims file. The same note is new only if VA never had it. A different file name or cover sheet does not change that.

Relevant is a threshold, not a result

The bar is modest: § 3.2501 says the standard does not impose a higher threshold than the old "new and material" standard. If VA receives new and relevant evidence, it decides the claim again considering all the evidence. What wins at that point is weight.

Weight depends heavily on reasoning. In Claim Raven's analysis of 2024 to 2025 Board decisions, condition records with a medical opinion the Board described as strong ended favorably 89.7% of the time, compared with 3.7% for opinions it described as weak. The Board's quality label partly reflects its own conclusion, and these are already-disputed appeals, so the figures show a pattern, not your odds (VA disability statistics). A new opinion with one sentence of conclusion may clear the relevance bar and still carry little weight.

Test each item before you submit it

For every item, write:

  1. The matter it addresses: the reason VA gave, a fact VA said was missing, a premise VA relied on, or a theory VA never considered.
  2. The source and date.
  3. What it tends to prove or disprove.
  4. Whether VA already had it.
  5. Whether you are submitting it or asking VA to obtain it.

If you cannot complete lines one and three, the item may not belong in this packet. If the decision's reason is hard to pin down, the VA rating decision letter example shows where it appears.

Two filing rules that affect your evidence

You can name records instead of holding them. VA says you can submit new and relevant evidence or identify evidence you want it to gather, including records from a VA medical center, another federal facility, or a private provider; you give the facility and treatment dates, and private records need Form 21-4142. Under § 3.2501, VA considers VA treatment records you reasonably identify, and a substantially complete Supplemental Claim triggers VA's duty to help gather that evidence. On the form, the VA Form 20-0995 example shows where to list the decided issue and the evidence you submit or ask VA to obtain.

File within one year to protect the effective date. You can file a Supplemental Claim at any time, but VA recommends filing within one year of the date on your decision letter to keep your effective date, as its decision review FAQs state. Under 38 C.F.R. § 3.2500(h), a Supplemental Claim received after that year generally cannot get an effective date earlier than the date VA receives it.

If a condition that is already rated has gotten worse, VA says to file a claim for increase rather than a Supplemental Claim. A Higher-Level Review cannot consider new evidence at all; Supplemental Claim vs. HLR vs. Board Appeal compares the options.

Raven Eye explains a decision letter, including the stated reason and accepted facts, with one free starter analysis per account. Raven Scan, a Plus feature with one Standard Scan every 30 days, looks for documented conditions, symptoms, and supporting passages in the medical-record PDFs it can read. Claim Raven sells both tools and has a commercial interest in them.

New and relevant evidence: common questions

What is new and relevant evidence for a VA Supplemental Claim?

New evidence was not part of the record VA had when it decided the claim. Relevant evidence tends to prove or disprove a matter at issue, and under 38 C.F.R. § 3.2501 it includes evidence that raises a theory of entitlement VA did not previously address.

What are examples of new and relevant evidence?

A clinician's report on the medical link VA said was missing, a fellow service member's statement about an in-service event, a private record VA never received that contradicts a fact in the exam, or an opinion raising secondary service connection. These examples in the article are fictional.

Does sending the same record again count as new evidence?

No. If VA had the record when it decided the claim, sending it again does not make it new. A different file name or cover sheet does not change that. Check the evidence list in the decision and, if needed, your claims file.

Is a new note confirming my diagnosis new and relevant?

Only if the diagnosis is still in dispute. If VA already accepted the diagnosis, another note confirming it is new but does not tend to prove anything still at issue.

Can VA get my records for a Supplemental Claim?

Yes. You can identify records you want VA to gather, including records from a VA medical center, another federal facility or a private provider. You give the facility and treatment dates, and private records need Form 21-4142.

Can a Higher-Level Review consider new evidence?

No. A Higher-Level Review cannot consider new evidence at all. If a rated condition has gotten worse, VA says to file a claim for increase rather than a Supplemental Claim.

Sources and scope

Checked September 23, 2026: 38 C.F.R. § 3.2501 (eCFR text up to date as of September 21, 2026); 38 C.F.R. §§ 3.310 and 3.2500; VA Supplemental Claims page (updated September 4, 2026); VA decision review FAQs. All examples are fictional except the reference to VA's published buddy-statement example.