When can new evidence be considered when appealing a VA decision?

When appealing a VA decision, the opportunity to introduce new evidence is specifically allowed during a Higher Level Review. This process enables veterans to present additional information that could potentially change the outcome of their claim. Unlike the initial appeal, where existing evidence is typically reconsidered without introducing new materials, the Higher Level Review is designed to provide veterans a chance to add relevant evidence that supports their case.

Furthermore, after a decision has been made by the Board of Veterans' Appeals (BVA), it is not generally permissible to submit new evidence directly to the BVA, as the focus shifts to legal or procedural matters rather than a review of the underlying facts. Similarly, at the Court of Appeals for Veterans Claims (CAVC), new evidence cannot be submitted as the court reviews the decisions made by the BVA based on the record already established in earlier proceedings.

Thus, the ability to consider new evidence is distinctly available during the Higher Level Review phase of the appeals process, which serves to ensure that veterans are afforded a fair opportunity to strengthen their claims.