A friend of mines who is already rated 70%(PTSD) had submitted a claim last year requesting a claim he filed back in 2007 be reopened for flat feet, ankle surgery and bilateral bunion pain. The claim was denied because VARO said " New and material evidence had not been submitted". During the last year, his PCP doctor had sent him to see an Orthopaedic specialist who said all these conditions were a result of an in service ankle injury that he had surgery on while enlisted. This is information that was not previously submitted with his first claim; so why is this not considered new and material evidence. Could he drop the reopen claims and used this evidence to open a new claim? Should he had filed these claims as secondary to his PTSD condition?
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Markn123
A friend of mines who is already rated 70%(PTSD) had submitted a claim last year requesting a claim he filed back in 2007 be reopened for flat feet, ankle surgery and bilateral bunion pain. The claim was denied because VARO said " New and material evidence had not been submitted". During the last year, his PCP doctor had sent him to see an Orthopaedic specialist who said all these conditions were a result of an in service ankle injury that he had surgery on while enlisted. This is information that was not previously submitted with his first claim; so why is this not considered new and material evidence. Could he drop the reopen claims and used this evidence to open a new claim? Should he had filed these claims as secondary to his PTSD condition?
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