reopen or give up ??

[mos1833]

heres what i plain on doing i gonna try and reopen my old claim , its been denied by ever court in the va. system.

my last was a joke clearly a cue . but i''am not gonna try that right now.

i just need to get my claim granted, i now think i will reopen because i got a mri results with a nexus that says it is sc .

will the va use the evidence they misinterpreted before

cause this nexus report is new/ will they weigh it to reopen, or will they pile the whole package of garbage evidence against reopening. sorry i ramble

 

[Buck52]

Never give up!!!

If your still in your NOD Appeals time limits  don't file as a new claim.

You can request, in certain cases, that a denied application be reopened and reconsidered. There is no time limit for doing so. Your request will only be granted, however, if you have “new and material” evidence. New means evidence that was not available at the time of the original decision, and material means evidence that would have likely changed the outcome of that decision.

[broncovet]

I agree with Buck.   Reopen due to 38 CFR 3.156 is better than a cue, because the standard of review continues to be "benefit of the doubt" where a Cue raises the standard of review to "undebatable".  

 

[mos1833]

thanks guys

i let the appeal period pass , i filed an intent to file and thought that would preserve my time , i was wrong''any way the last denial stated no nexus , so now i got one .

the last time is so wrong i think i may need to cue it/// but i can do that later as i''am just trying to get my claim sc for a back injury, i dont care about retro - benefits at this time, i will cue later. 

oh they just denied a skin cancer claim and grouped them all togather i ''am so confused , but again i have been since i first filed in 1984