VA Claim/New and Material Evidence Now New and Relevant Evidence

Published: June 15, 2020


38CFR 3.2501 Supplemental claims
38CFR 3.156 New evidence.

38CFR 3.2501 Supplemental claims

(a) New and relevant evidence. The new and relevant standard will not impose a higher evidentiary threshold than the previous new and material evidence standard under §3.156(a).

38CFR 3.156 New evidence.

New evidence is evidence not previously part of the actual record before agency adjudicators.

(a) New and material evidence. For claims to reopen decided prior to the effective date provided in §19.2(a), the following standards apply. A claimant may reopen a finally adjudicated legacy claim by submitting new and material evidence. New evidence is evidence not previously part of the actual record before agency adjudicators. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an un-established fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

Disclaimer: I am not an adviser. These videos are for educational purposes only. While it is possible to maximize your benefits, it’s solely your responsibility to become educated on the VA disability compensation claims process. It is imperative that you conduct your own research. I am merely sharing my opinion with no guarantee of any benefits.

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