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[Guest rickb54]

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Edited February 19, 2007 by rickb54

[Guest frank]

This is not new information!!!!!!!!! But since it keeps coming up here it is.

3.159 Department of Veterans Affairs assistance in developing claims.

(a) Definitions. For purposes of this section, the following definitions apply:

(1) Competent medical evidence means evidence provided by a person who is qualified through education, training, or experience to offer medical diagnoses, statements, or opinions. Competent medical evidence may also mean statements conveying sound medical principles found in medical treatises. It would also include statements contained in authoritative writings such as medical and scientific articles and research reports or analyses.

(2) Competent lay evidence means any evidence not requiring that the proponent have specialized education, training, or experience. Lay evidence is competent if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person.

(3) Substantially complete application means an application containing the claimant's name; his or her relationship to the veteran, if applicable; sufficient service information for VA to verify the claimed service, if applicable; the benefit claimed and any medical condition(s) on which it is based; the claimant's signature; and in claims for nonservice-connected disability or death pension and parents' dependency and indemnity compensation, a statement of income.

(4) For purposes of paragraph ©(4)(i) of this section, event means one or more incidents associated with places, types, and circumstances of service giving rise to disability.

(5) Information means non-evidentiary facts, such as the claimant's Social Security number or address; the name and military unit of a person who served with the veteran; or the name and address of a medical care provider who may have evidence pertinent to the claim.

( VA's duty to notify claimants of necessary information or evidence. (1) When VA receives a complete or substantially complete application for benefits, it will notify the claimant of any information and medical or lay evidence that is necessary to substantiate the claim. VA will inform the claimant which information and evidence, if any, that the claimant is to provide to VA and which information and evidence, if any, that VA will attempt to obtain on behalf of the claimant. VA will also request that the claimant provide any evidence in the claimant's possession that pertains to the claim. If VA does not receive the necessary information and evidence requested from the claimant within one year of the date of the notice, VA cannot pay or provide any benefits based on that application. If the claimant has not responded to the request within 30 days, VA may decide the claim prior to the expiration of the one-year period based on all the information and evidence contained in the file, including information and evidence it has obtained on behalf of the claimant and any VA medical examinations or medical opinions. If VA does so, however, and the claimant subsequently provides the information and evidence within one year of the date of the request, VA must readjudicate the claim.

(Authority: 38 U.S.C. 5103)

there are 5 pages to 38 u.s.c.3;159,did you read them all?that,s why va states new,3;159 additions were made,i only state what va wrote ,recheck and see if the additional 5 pages are there

[Guest frank]

John999,

To answer your question..

There really is no difference in a "new issue" claim or a reopened claim in terms of how it is handled by the va or how you submit the claim.

In fact as far as the va is concerned the only new claim is the initial claim that you would put in right after you get out of service. After the initial claim the va considers all request for an increase in disability or a new issue to be a reopened claim.

There really is no difference in the type of evidence with one exception, on a new issue you will have to show a service connection either by way of a secondary condition, or a nexus from an unclaimed condition that occured in service. But regardless you still need medical evidence that states your are receiving treatment for the condition.

Hope this helps.....

hope this helps,3;159,defunitions for purposeesof this section.the following definitions apply,this has been added,to 3;159 i think you will find this helpful,you will need to read the whole new part or 3;159to see what they added

[carlie]

John 999,

There are several different types of claims that can be made --

that are considered by VA to be a "new claim ".

Here's one example.

carlie

§3.160 Status of claims.

The following definitions are applicable to claims for pension, compensation, and dependency and indemnity compensation.

(a) Informal claim. See §3.155.

(b) Original claim. An initial formal application on a form prescribed by the Secretary. (See §§3.151, 3.152).

© Pending claim. An application, formal or informal, which has not been finally adjudicated.

(d) Finally adjudicated claim. An application, formal or informal, which has been allowed or disallowed by the agency of original jurisdiction, the action having become final by the expiration of 1 year after the date of notice of an award or disallowance, or by denial on appellate review, whichever is the earlier. (See §§20.1103 and 20.1104 of this chapter.)

(e) Reopened claim. Any application for a benefit received after final disallowance of an earlier claim, or any application based on additional evidence or a request for a personal hearing submitted more than 90 days following notification to the appellant of the certification of an appeal and transfer of applicable records to the Board of Veterans Appeals which was not considered by the Board in its decision and was referred to the agency of original jurisdiction for consideration as provided in §20.1304(b)(1) of this chapter. (Authority: 38 U.S.C. 501(a))

M21-1MR

A reopened claim is any claim for service connection, received after a finally denied claim, which VA must reconsider because the evidence it presents is new and material. A finally denied claim means that at least one year has elapsed since the letter was sent notifying the claimant of the decision to deny the benefit sought.

Note: The term “reopened” does not apply to pension, increased ratings, or individual unemployability. Those claims involve the review of new evidence based on new applications, rather than reconsideration of prior decisions. For this reason, they are “new” claims.

Reference: For more information on reopened claims, see 38 CFR 3.160(e)

(f) Claim for increase. Any application for an increase in rate of a benefit being paid under a current award, or for resumption of payments previously discontinued.

[Guest frank]

This is not new information!!!!!!!!! But since it keeps coming up here it is.

3.159 Department of Veterans Affairs assistance in developing claims.

(a) Definitions. For purposes of this section, the following definitions apply:

(1) Competent medical evidence means evidence provided by a person who is qualified through education, training, or experience to offer medical diagnoses, statements, or opinions. Competent medical evidence may also mean statements conveying sound medical principles found in medical treatises. It would also include statements contained in authoritative writings such as medical and scientific articles and research reports or analyses.

(2) Competent lay evidence means any evidence not requiring that the proponent have specialized education, training, or experience. Lay evidence is competent if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person.

(3) Substantially complete application means an application containing the claimant's name; his or her relationship to the veteran, if applicable; sufficient service information for VA to verify the claimed service, if applicable; the benefit claimed and any medical condition(s) on which it is based; the claimant's signature; and in claims for nonservice-connected disability or death pension and parents' dependency and indemnity compensation, a statement of income.

(4) For purposes of paragraph ©(4)(i) of this section, event means one or more incidents associated with places, types, and circumstances of service giving rise to disability.

(5) Information means non-evidentiary facts, such as the claimant's Social Security number or address; the name and military unit of a person who served with the veteran; or the name and address of a medical care provider who may have evidence pertinent to the claim.

( VA's duty to notify claimants of necessary information or evidence. (1) When VA receives a complete or substantially complete application for benefits, it will notify the claimant of any information and medical or lay evidence that is necessary to substantiate the claim. VA will inform the claimant which information and evidence, if any, that the claimant is to provide to VA and which information and evidence, if any, that VA will attempt to obtain on behalf of the claimant. VA will also request that the claimant provide any evidence in the claimant's possession that pertains to the claim. If VA does not receive the necessary information and evidence requested from the claimant within one year of the date of the notice, VA cannot pay or provide any benefits based on that application. If the claimant has not responded to the request within 30 days, VA may decide the claim prior to the expiration of the one-year period based on all the information and evidence contained in the file, including information and evidence it has obtained on behalf of the claimant and any VA medical examinations or medical opinions. If VA does so, however, and the claimant subsequently provides the information and evidence within one year of the date of the request, VA must readjudicate the claim.

(Authority: 38 U.S.C. 5103)

you quit 5103,and you are right,3159 is new [statement from va not me]you can use 3159 together to work with 5103,i think this is what va means i used it with 5103 paragraph 4 1 c of 3159 when i put all these together i could satisfied,[11] 4 under 3159 frank

[Guest frank]

John999,

To answer your question..

There really is no difference in a "new issue" claim or a reopened claim in terms of how it is handled by the va or how you submit the claim.

In fact as far as the va is concerned the only new claim is the initial claim that you would put in right after you get out of service. After the initial claim the va considers all request for an increase in disability or a new issue to be a reopened claim.

There really is no difference in the type of evidence with one exception, on a new issue you will have to show a service connection either by way of a secondary condition, or a nexus from an unclaimed condition that occured in service. But regardless you still need medical evidence that states your are receiving treatment for the condition.

Hope this helps.....

john, i tried to explaine,i did not state 3159,is new va did when i got my ssoc,you guys have to understand,i only filed one claim in my whole life,and that was in 1978,va failed to open the claim,thank goodness i put down on c&p form was for both services,this has the va stamp on it,this is why i had so much trouble,now va has to pay back to the date of claim, so if i made a mistake,its va fault not mine hope we got this ,where we all understand,also check special outreach,on va home page at the bottom of page,you might be able to file under that

[Guest frank]

hope this helps,3;159,defunitions for purposeesof this section.the following definitions apply,this has been added,to 3;159 i think you will find this helpful,you will need to read the whole new part or 3;159to see what they added

frank