New And Material Evidence

[SouthernBelle]

Would the doctor's statement constitue new and material evidence.

[carlie]

Southeren,

From M21-1MR

a. Reopening Denied Claims

Once a claim has been finally denied, it cannot be reopened unless new and material evidence is received.

Reference: For more information on new and material evidence, see

· 38 U.S.C. 5108, and

· 38 CFR 3.156. ----

( http://ecfr.gpoaccess.gov/cgi/t/text/text-....65&idno=38 )

b. Definition: New Evidence

New evidence is evidence that has not previously been considered. New and material evidence must

· not be cumulative of evidence of record at the time of the last final denial, and

· prove the merits of the claim relating to each essential element that was a specified basis for the last final denial.

New evidence may be in the form of either written or sworn testimony.

Reference: For more information on what is considered new evidence, see

· Cuevas v. Principi, 3 Vet. App. 542 (1992), and

· Barnett v. Brown, 8 Vet. App. 542 (1995).

5. New and Material Evidence, Continued

c. Cumulative Evidence

Evidence is merely cumulative and is not to be considered new evidence if it

· reinforces a previously well-established point

· provides additional details to support previous statements, or

· rehashes previously submitted statements.

d. Definition: Material Evidence

Material evidence

is evidence that by itself, or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim.

To be considered material, evidence must be of sufficient significance so that there is a reasonable possibility that the new evidence, when considered in light of all the evidence, both old and new, would help prove the claim.

Newly submitted or secured evidence must be material to the reasons for the last final denial.

Note: "Last final denial" includes denials on any basis, such as lack of new and material evidence. To be final, over one year must have elapsed since the claimant was notified of the decision to disallow the claim.

Reference: For more information on material evidence, see Masors v. Derwinski, 2 Vet. App. 181 (1992).

Edited November 5, 2008 by carlie

[SouthernBelle]

Thanks, Carlie. You're amazing. Where would I be without you?! Don't answer that, I can't even imagine it and don't even want to try!

Southeren,

From M21-1MR

<H5 style="MARGIN: 0in 0in 0pt">a. Reopening Denied Claims</H5>

Once a claim has been finally denied, it cannot be reopened unless new and material evidence is received.

Reference: For more information on new and material evidence, see

· 38 U.S.C. 5108, and

· 38 CFR 3.156.

<H5 style="MARGIN: 0in 0in 0pt">b. Definition: New Evidence</H5>

New evidence is evidence that has not previously been considered. New and material evidence must

· not be cumulative of evidence of record at the time of the last final denial, and

· prove the merits of the claim relating to each essential element that was a specified basis for the last final denial.

New evidence may be in the form of either written or sworn testimony.

Reference: For more information on what is considered new evidence, see

· Cuevas v. Principi, 3 Vet. App. 542 (1992), and

· Barnett v. Brown, 8 Vet. App. 542 (1995).

5. New and Material Evidence, Continued

<H5 style="MARGIN: 0in 0in 0pt">c. Cumulative Evidence</H5>

Evidence is merely cumulative and is not to be considered new evidence if it

· reinforces a previously well-established point

· provides additional details to support previous statements, or

· rehashes previously submitted statements.

<H5 style="MARGIN: 0in 0in 0pt">d. Definition: Material Evidence</H5>

Material evidence is evidence that by itself, or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim.

To be considered material, evidence must be of sufficient significance so that there is a reasonable possibility that the new evidence, when considered in light of all the evidence, both old and new, would help prove the claim.

Newly submitted or secured evidence must be material to the reasons for the last final denial.

Note: "Last final denial" includes denials on any basis, such as lack of new and material evidence. To be final, over one year must have elapsed since the claimant was notified of the decision to disallow the claim.

Reference: For more information on material evidence, see Masors v. Derwinski, 2 Vet. App. 181 (1992).

[carlie]

Southern,

Maybe you can view it better like this

Go to M21-1MR

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

Scroll down to

SubptIV - General Rating Process

Chapter 2 - Reviewing Claims and click on

Section B - Reviewing for new and material Evidence,

For 38 CFR - 3.156 New & Material Evidence

Go to

http://ecfr.gpoaccess.gov/cgi/t/text/text-....65&idno=38

Edited November 5, 2008 by carlie
run on post

[Pete53]

The VA has always been fairly relaxed about reopening claims after all the Veteran will lose their Earlier Effective Date when they do.

Carlie is a great help to Veterans.

[SouthernBelle]

Pete, you're amazing too. I'm not all that worried about the EED. I probably should be, and a big retro check would be nice, but what matters to me right now is getting the correct rating for now and the future.

The VA has always been fairly relaxed about reopening claims after all the Veteran will lose their Earlier Effective Date when they do.

Carlie is a great help to Veterans.