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Which is it, Reopen or Reclaim flat feet?

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doc25

Question

I just got off the phone with a VA Benefits rep and I was told that when I appealed my flat feet claim(initial claim denied in 2007) back to2017, my NOD was received; but I did not meet the 60 day timeframe to submit Form 9 and SOC to appeal to the BVA; I would need to reclaim my flat feet.

I thought I could reopen it with built up medical evidence and a nexus of opinion.

So my question is:

Do I reopen or reclaim it?

Edited by doc25
clarification
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  • HadIt.com Elder

You can file a reopened claim if you meet all of the requirements listed below.

All of these must be true:

If denied your claim at least 1 or more years ago, and

You didn’t file an appeal at that time, and

You have new and material evidence (new supporting documents like a doctor’s report or medical test results) that we haven’t seen before and that’s directly related to your claim

For example, you might file a reopened claim if you were treated for pain in your elbow while on active duty, but you were denied disability benefits because your VA health exam didn’t find a problem. Then 2 years later, an X-ray of your elbow showed signs of arthritis (a painful swelling and sometimes wearing down of a joint). In this case, you would need to send your new exam and X-ray results to us as new evidence related to the claim.

New Claim—File a claim for added benefits or other benefit requests related to an existing service-connected disability.

 

You can file a new claim to request

A shift to Individual Unemployability status (a status given to Veterans who are unable to work because of a disability)
Learn more about Individual Unemployability.

Our decision on your new claim will be based only on new evidence (like a doctor’s report or medical test results) that you give us to support your claim. We won’t consider any evidence you may have given us related to past claims.

(I would say Reopen) just my opinion.

Edited by Buck52
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