Re-Opening a Claim for VA Disability Benefits
When the VA issues a rating decision in connection with a Veteran’s claim for benefits the Veteran has one year to file a Notice of Disagreement to appeal the decision. If a Notice of Disagreement is not received within one year of the issuance of the rating decision that decision will be considered final and VA will close the case. However, there is a way to re-open a final decision from the VA. Submission of “New and Material Evidence” can re-open a previously closed claim for benefits.
For VA purposes “New and Material Evidence” is considered the following: “New” evidence is existing evidence not previously submitted to agency decision makers. “Material” evidence is evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. Essentially, any evidence to support a claim for benefits that a Veteran has not previously submitted to VA can be submitted along with an application to re-open the Veteran’s previous claim.
If you are a Veteran who has missed their deadline to appeal a VA rating decision and think you have “New and Material Evidence” call an experienced VA attorney that can help you navigate the VA process, including applications to re-open previously denied claims. Contact the experienced veterans’ disability attorneys at Gardberg & Kemmerly, P.C. today for a free case evaluation. Gardberg & Kemmerly serves veterans across the United States from their home office in Mobile, Alabama.
