Supplemental Claims | M21-1 II.iii.2.B

What this means

m21-1:II.iii.2.B explains supplemental claims. In plain terms, the official guidance says a supplemental claim is any complete claim for a VA benefit on a prescribed application form where the veteran or 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. It also addresses supplemental claims must be submitted on the prescribed supplemental claim form, VA Form 20-0995, Decision Review Request: Supplemental Claim.

How this may help with a claim

Use m21-1:II.iii.2.B to audit how VA handled supplemental claims. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: A supplemental claim is any complete claim for a VA benefit on a prescribed application form where the veteran or 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. Supplemental claims must be submitted on the prescribed supplemental claim form, VA Form 20-0995, Decision Review Request: Supplemental Claim. Cite the exact document and page when raising a factual or procedural error, and use the review rights in the actual notice for any deadline.

What to review in your file

Check the file against this official condition: requirement for potentially new evidence, and
Confirm that the record or notice addresses this source point: Claimants may file a supplemental claim on a decision issued before February 19, 2019, the date of implementation of the Appeals Modernization Act.
Document how this stated step or exception applies: effective dates when a supplemental claim is granted, see

Important limits

m21-1:II.iii.2.B explains VA guidance for supplemental claims; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: A supplemental claim is any complete claim for a VA benefit on a prescribed application form where the veteran or 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. 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.

Search terms when useful

Phrases that may help when searching your claim file or this library.

Supplemental Claims
m21-1:II.iii.2.B
This topic includes supplemental
definition
supplemental claim
same similar benefit same
prescribed supplemental claim form
requirement potentially evidence

Original VA guidance

The official VA text of this section

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

supplemental claims, see 38 CFR 3.2501, and
effective dates when a supplemental claim is granted, see
38 CFR 3.2500(h), and
M21-1, Part X, Subpart ii, 2.A.3.

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

distinguishing a supplemental claim from a claim for increase, see M21-1, Part II, Subpart iii, 2.C, and
new and relevant evidence, see
38 CFR 3.2501, and
M21-1, Part X, Subpart ii, 2.A.2.c.

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.

Scroll sideways to see the full table.

Step	Action
1	Determine 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.
2	Does 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.

Step

Action

Determine 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.

Does 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

the definition of a complete claim, see
38 CFR 3.160(a), and
M21-1, Part I, Subpart i, 1.A.4.f
duty to assist and supplemental claims, see M21-1, Part X, Subpart ii, 2.A.1.d
new and relevant evidence, see 38 CFR 3.2501
new and relevant evidence and claims for increase, see M21-1, Part II, Subpart iii, 2.C, and
action required on evidence submitted with a supplemental claim, see M21-1, Part X, Subpart ii, 2.A.2.e.

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

criteria for a substantially complete application, see
38 CFR 3.159(a)(3), and
M21-1, Part I, Subpart i, 1.A.4.f, and
effective date considerations for incomplete supplemental claims, see
38 CFR 3.155(d), and
M21-1, Part X, Subpart ii, 2.A.3.f.