Learn what qualifies as new and material evidence for a denied claim. Title 38 of the Code of Federal Regulations (CFR) regulate Pensions, Bonuses, and Veterans’ Relief. Following, these are the current regulations codified by the Department of Veterans Affairs and the Armed Forces Retirement Home as of July 1, 2014.
Locate the rules in:
PART 3—ADJUDICATION
Subpart A—Pension, Compensation, and
Dependency and Indemnity Compensation
3.156
(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decision makers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. (Authority: 38 U.S.C. 501, 5103A(f), 5108)
Want To Reopen Your Denied Claim
If you want to reopen your denied claim, evidence must be both new and material. New evidence was discussed in our last blog, Evidence Appeals.
As cited above, “Material evidence” is:
“…evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to the claim.”
What exactly does that mean? In other words: if a prior claim was denied because you did not provide evidence of a link between a military injury and a current condition, and your new evidence (a doctor’s opinion providing medical linkage, for example) tends to prove that missing element, it is material.
Cameron Firm PC has certified Veteran Appeals Lawyers on staff who will fight with you to secure the benefits you deserve. We understand the sacrifices you have made. Let us help you improve your chances of reopening and securing your claim. Call our office today at 800-861-7262 for a FREE Consultation. If you prefer, simply submit our secure online claim form for a prompt reply. Because we are here to help you.
What is considered new evidence?
New evidence is basically what it seems — new! It can’t be material that is currently in your VA records. This implies it isn’t evidence you’ve formerly presented to the VA or evidence we’ve currently legally acquired as your representative (for example, military Service Treatment Records or private medical records).
This article is for educational and marketing purposes only. Consequently, it does not create an attorney-client relationship.
