Claim Raven explanation
What this means
VA must readjudicate a supplemental claim when new and relevant evidence is presented or secured, considering all the evidence of record.
A supplemental claim is a process for asking VA to decide an issue again with new and relevant evidence. The useful starting point is the earlier decision: identify what it found missing, then identify additional evidence that addresses that issue. The statute also provides assistance with reasonably identified existing records, as described in the linked duty-to-assist rules.
How this helps your claim
This statute helps explain why a supplemental claim turns on new and relevant evidence and why reasonably identifying existing records matters. It requires VA to reconsider the claim when the evidence requirement is met, and to assist with identified records as the statute describes. It does not by itself tell you which review option to choose or establish the filing rules.
What to check in your records
Identify the point the prior decision left unresolved and any additional records that address it. Confirm the applicable filing process and rules with an accredited representative.
- Read the previous decision to identify the issue that remained unproven.
- Locate additional evidence that addresses that issue and note whether it was already part of the prior record.
- Keep record-holder names, treatment dates, and copies of requests for existing records. Check the applicable supplemental-claim process before filing.
Use the prior reasons to assess relevance
The earlier decision can identify the fact VA found unproven. Compare the additional evidence with that fact rather than treating any new document as equally useful. A report repeating an already accepted diagnosis may leave a disputed service relationship unanswered.
The statute also addresses assistance with reasonably identified existing records. Keep the sources and requested information specific. The decision to readjudicate and the eventual merits outcome are different stages, so meeting the evidence threshold should not be mistaken for proving the entire claim.
Does new and relevant evidence guarantee a grant?
No. It supports readjudication under the applicable standard, after which the full record is considered. The evidence can be relevant because it tends to prove or disprove an issue. Its newness and relevance do not automatically establish that every entitlement requirement is satisfied.
Official statutory text
38 USC § 5108
OLRC release through Public Law 119-102 (July 12, 2026). Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 5108. Supplemental claims
(a) In General.—If new and relevant evidence is presented or secured with respect to a supplemental claim, the Secretary shall readjudicate the claim taking into consideration all of the evidence of record.
(b) Duty to Assist.—(1) If a claimant, in connection with a supplemental claim, reasonably identifies existing records, whether or not in the custody of a Federal department or agency, the Secretary shall assist the claimant in obtaining the records in accordance with section 5103A of this title.
(2) Assistance under paragraph (1) shall not be predicated upon a finding that new and relevant evidence has been presented or secured.
Related references
- 38 CFR § 3.159: VA duty to assist: records and examinations
- 38 USC § 5107: Benefit of the doubt in VA claims
- 38 USC § 5103A: VA's Duty to Assist With Evidence
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