If you’re a veteran trying to fix or reopen a VA disability claim that was previously denied, there’s a little-known regulation that might make a big difference: 38 CFR 3.156(c).
This rule mandates that the VA the must take another look at your claim if new, relevant official service records are found after your case was closed. And if those records support your case, you may even be eligible for retroactive compensation going back to your original claim date. Here’s what you need to know about how this works and what steps to take.
What is 38 CFR 3.156(c)?
In simple terms, 38 CFR 3.156(c) requires the VA to reconsider a claim if new and relevant official service records are discovered after the VA made a final decision. These aren’t just any documents; they must originate from your military service and relate directly to your claim. If the VA missed them the first time around, and they come to light later, your claim gets a second chance. If your claim is approved after reconsideration, your benefits could be backdated to when you originally filed the claim, not just from the date the new records were submitted.
What Kinds of Records Count?
Under this rule, the VA must reconsider your claim when it receives:
- Service records related to a specific injury, illness, or event you claimed.
- Records that were forwarded by the Department of Defense or your service branch after the VA’s initial request.
- Declassified documents that were previously kept secret for national security reasons.
This means that if something slipped through the cracks, either by error or because it was unavailable at the time, you may have grounds to reopen your case.
How to File a Claim Under 38 CFR 3.156(c)
If you believe newly discovered records could impact your previously denied claim, here’s how to get started:
- Locate new records. Look for any new or recently uncovered service department records that weren’t in your file the first time. This might include declassified documents or records that were not included in your file.
- File a Reconsideration Request. Let the VA know you want your claim reconsidered under 38 CFR 3.156(c). Be clear about what records are new and why they matter.
- Submit supporting evidence. You’ll still want to provide any medical records, buddy statements, or expert opinions that help make your case stronger.
- Get help if you need it. The process can be complex, so don’t hesitate to work with a VA-accredited attorney or representative who can help ensure everything is done correctly.
Real-World Examples
- Declassified Mission Records: A veteran’s PTSD claim was denied due to a lack of evidence. Years later, declassified documents confirm the veteran was involved in a classified combat mission—an event central to their PTSD. The VA must now reconsider the claim.
- Newly Found Injury Documentation: A veteran’s back injury claim was denied because no records showed the injury occurred during service. Later, additional service treatment records are discovered that document the incident. Again, the VA is required to reopen and reconsider the claim.
Our Portland VA Benefits Lawyers Are Here to Help
38 CFR 3.156(c) is a crucial regulation that enables veterans to receive the full benefits they’re entitled to, even if the VA didn’t have all the facts initially. If you think you’ve got new service records that could impact your case, it’s worth talking to a dedicated VA attorney to explore your options.
And remember, you don’t have to go through it alone. Our experienced team of VA disability attorneys at Kerr Robichaux & Carroll is here to help. We’re proud to support those who’ve served, and we will leave no stone unturned fighting for the benefits you need and deserve.
Contact us today by submitting an online form or calling our office at 503-255-9092 to receive a complimentary case evaluation.