NEW RAMP Regulations on effective dates

[broncovet]

Take particular notice:  Some of the more generous early effective date rules apply only to the SUPPLEMENTAL CLAIM LANE.  This means you should "EXERCISE CAUTION" when opting into ramp using HLR.  

I also note "new and material" evidence has been replaced by "new and relevant" evidence.  This would appear to be a "liberalization" of benefits because the term "material" suggests that the new evidence be somewhat outcome determinative.  However, "relevant" evidence suggests that, altho it must pertain to the claim, the new evidence need only be relevant and not necessarily be outcome determinative.  

Example:  Your claim submitted lacked BOTH an in service event and a nexus.  So, you submit "new and material evidence" along with your SMR's which demonstrate you had an "in service event".  Howver, those in service records do not provide a nexus, but, you got an IMO where the nexus was provided.  

In this example, it would appear that your SMR's containing an "in service event" would be insufficent in reopening the claim as its "still" lacking the nexus.  However, with the newer Ramp "new and RELEVANT" evidence, your service records containing the in service event would be, of course, relevant, and this could enable your IMO to complete the missing evidence so that you would now have all 3 caluza elements for sc.  

I think the difference between "new and material" evidence and "new and relevant" evidence, will need to be settled in court.  I doubt that will take too long...

https://www.law.cornell.edu/uscode/text/38/5110

[vetquest]

Good info Broncovet.