Reopened Claima - Definition By Regulations

[carlie]

http://www.warms.vba.va.gov/M21_1MR.html

19. Reopened Claims: The Importance of New and Material Evidence and Definition of Terms, Continued

<H5 style="MARGIN: 0in 0in 0pt">c. Definition: Evidence</H5>Evidence is any means by which an alleged matter of fact is established or disproved.

Examples: Examples of evidence include the following:

· testimony, to include

- statements

- contentions, and

- arguments

· documentary proof

· medical examinations or reports, and

· other material not previously considered.

<H5 style="MARGIN: 0in 0in 0pt">d. Definitions: New Evidence and Material Evidence</H5>New evidence is evidence not previously of record.

Material evidence

· is relevant and relates to an unestablished fact necessary to substantiate the claim, and

· has a legitimate influence or bearing on the decision in the case.

Note: The provisions of 38 CFR 3.105(b) do not apply if a decision is changed because of the receipt of new and material evidence.

Reference: For more information on material evidence, see 38 CFR 3.156.

Hope this helps a vet.

carlie

[Josephine]

Carlie,

I need to make sure I spell this correctly. I sure can't change it after I post.

I have pasted this: Is this saying that the department records never acquired by the VA in 1978, which has re-opened all claims, if granted they only owe me to the year that I located these records myself in 2004?

Thanks,

Josephine

Service department records.

(1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA’s original request for service records; and

(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.

(2) Paragraph ©(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.

(3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim. (Authority: 38 U.S.C. 501(a))

[27 FR 11887, Dec. 1, 1962, as amended at 55 FR 20148, May 15, 1990; 55 FR 52275, Dec. 21, 1990; 58 FR 32443, June 10, 1993; 66 FR 45630, Aug. 29, 2001; 71 FR 52457, Sept. 6, 2006]

Cross references: Effective dates—general. See §3.400. Correction of military records. See §3.400(g).

Supplement Highlights references: 8(1), 47(1), 73(2).