Can prior evidence, used in an unappealed claim, that was denied, be used in a new claim to reopen with new and material evidence, when you have new and material evidence and by it's very nature, this new and material evidence makes this prior evidence, used in prior claims, material to the new claim?
I know for a fact that a lot of the evidence used in prior claims that were denied, are a part of my C-file and although this prior evidence was not deamed, either sufficiant to win these prior claims and/or was found not new or material to reopen a new claim, with the new evidence I have now, this prior evidence now becomes material to show that the problem happened in service, the medical and personal history since then shows continuity of treatment and symptoms, and current medical findings show that the problem persists and is ongoing.
I hope this makes since to all of you. I get confused when the VA talks about evidence having to be new and material in order to reopen a claim. Does it matter at all, that besides the one bit of new and material evidence, that the rest, if not most of your evidence has already been used in prior claims?
Question
Rockhound
Can prior evidence, used in an unappealed claim, that was denied, be used in a new claim to reopen with new and material evidence, when you have new and material evidence and by it's very nature, this new and material evidence makes this prior evidence, used in prior claims, material to the new claim?
I know for a fact that a lot of the evidence used in prior claims that were denied, are a part of my C-file and although this prior evidence was not deamed, either sufficiant to win these prior claims and/or was found not new or material to reopen a new claim, with the new evidence I have now, this prior evidence now becomes material to show that the problem happened in service, the medical and personal history since then shows continuity of treatment and symptoms, and current medical findings show that the problem persists and is ongoing.
I hope this makes since to all of you. I get confused when the VA talks about evidence having to be new and material in order to reopen a claim. Does it matter at all, that besides the one bit of new and material evidence, that the rest, if not most of your evidence has already been used in prior claims?
Rockhound Rider B) :P
Are you a paranoid schizophrenic
if the ones you think are out to
get you, really are?
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