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Would This Be New And Material Evidence?
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kate7772
Husband was recently awarded 50% mental health. We feel it should have been 70% and would like to reopen/reconsider. I know we need new and material evidence to do so. There are many symptoms in my husband's VA treatment notes that are in the 70% range but were never included in his very incomplete C&P exam. When asked. rater said they did consider the treatment notes but if so they sure missed a ton of references to all these symptoms. One of the symptoms is suicidal ideation. This is and continues to be an ongoing problem. But, since they said they considered the records, we likely cannot try to reopen with this. However, recently my husband's mental health nurse practitioner referred him to a suicide prevention therapist due to the fact that much of the treatment so far has been borderline helpful at most. He does not have an active plan but the thought is always there. So, would this referral be considered new and material evidence to reopen the claim and at that time we can refer to all the other overlooked symptoms also?
Thanks
Kate
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Berta
This MH decision is recent so you are still within the appeal period Kate. This is not a re open situation at all, as I understand it. I think I suggested somewhere here that since your husban
georgiapapa
Kate, I agree with Berta. Since you are still within the one year appeal period, the MH claim is not a reopen issue at this time. You stated the award letter stated "a higher rating is not warrant
broncovet
I have done considerable reasearch on "earlier effective dates", and perhaps I can explain it this way. If you receive an unfavorable Regional Office Decision you have one year to appeal. If yo
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