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What Exactly Is "new And Material Evidence"
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tomtomtom
I was denied for several things. I didnt put in a NOD because at the time I didnt understand how any of it worked and the letter I recieved said I needed "new evidence" of which I had none. Several years have passed and I want to reopen my claim.
I have recently (in the last year) come to acquire old profiles (24 months worth) listing the same conditions the VA denied me, a statement from my Doc at WRAMC to the med board stating the chronic conditions I have, personal statements from my squad leader, 1st SGT, and CO stating when I got to their unit I was in excellent physical shape and when I was boarded they knew I was being treated at WRAMC for the conditions which the VA denied me. Old perscription pain med bottles (in my denial letter the VA said I only ever got 1 perscription for pain meds) I have 6 bottles in front of me right now those are just the ones i could find I had many more, the SSG in his letter even remembered that after I started treatment at WRAMC iwas "never without a bottle of pain meds". OLD PT cards which show I regularly took and passed the APFT through 2 units and once with my last unit then had almost 2 years of profiles which prevented my taking a PT test.
I have two questions:
1) How do I know (can I find out) what evidence the VA had when the decided to deny me?
2)Are the items I have acquired enough to have my claim reopened?
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