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Zoomie

New and Material evidence for DRO review

Question

Good afternoon everyone. I will give a brief overview relating to my question. 

Seperated from active duty January 2015 (Title 32) after a two year active duty tour.

Filed claim with VA for cancer and hypertension May 2015.

Had hypertension prior to active duty which worsened during active duty and was prescribed additional medications to control it.

Daignosed with cancer May 2015 (within one year presumptive time frame).

Claim denied. Conditions did not occur on active duty or during one year presumptive time frame.

In my denial letter under evidence received it listed DD 214 January 2015. Called VA and they stated that there was no DD 214 from January 2015 on file only a NGB form 22.

Contacted Air Force Personnel Center and they sent me the DD 214 in question. I then submitted this with my NOD on May 2016.

Being that I am using the one year presumptive for the cancer and aggravation of a pre existing condition while on active duty would the missing DD 214 that resulted in my denial be considered new and material evidence being that they did not have it for the original decision?

I am still being treated for the hypertension and have come down with cancer a third time since 2015?

Thank you for your responses!

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2 answers to this question

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If they never had this evidence in hands, than yes this will be new evidence on your

claim

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Thanks for the clarification porgee.

 

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