--- title: "Part II, Subpart iii, Chapter 2, Section B Supplemental Claims" document: "M-21-1" section: "Part II, Subpart iii, Chapter 2, Section B" canonical: "https://veteranai.co/va-regulations/m21-1/ii.iii.2.b-supplemental-claims" source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000174874/M21-1-Part-II-Subpart-iii-Chapter-2-Section-B-Supplemental-Claims" updated: "2026-09-07T14:37:02.720331Z" --- 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. | **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. **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]().