After VA denies SC because does not exist,” the Veteran submits “disability a medical report showing the existence of the disability. After VA denies SC for back injury as incurred in service,” the Veteran “not submits a buddy statement for the first time from a friend who witnessed the Veteran injure his back in service. On or after March 24, 2015, a request to reopen a claim based on Important: new and material evidence must be received on a prescribed form. See M21-1, Part III, Subpart ii, 2.D.2.b for form requirements for Reference: claims to reopen. g. Examples of The following are examples of evidence considered new and material and not Evidence Not therefore, sufficient to reopen a denied claim not Sufficient to Reopen a a record photocopied from the claims folder that was considered in the Previously previously denied Denied a new medical nexus opinion incorporating an inaccurate history. See , 5 Vet. App. 458 (1993) for more information. written testimony from an eyewitness that is substantially identical to a statement already on file. a layperson’s assertion about the cause (but not the onset) of a disability, or medical evidence that reveals the existence of a disability when previous evidence already revealed that the disability existed. h. Benefit of the The benefit of the doubt under cannot take the place of the standard for Doubt Under reopening claims. The standard for reopening claims, as stated in , requires 38 U.S.C. only that new and material evidence be presented or secured. The weight of 5107(b) the evidence is not considered. For more information on the benefit-of-the-doubt rule, see 6 Reference: , Vet. App. 462 (1994). When determining whether new and material evidence has been submitted to i. Presuming the Evidence to justify reopening a claim, presume the new evidence to be credible. be Credible Once a claim has been reopened, the presumption of the credibility of Note: the evidence no longer applies, and the evidence must be weighed. For more information on credible evidence, see Reference: 3 Vet. App. 510 (1992). , j. Handling The table below shows how to handle cases in which VA has requested new Cases in Which and material evidence.
After VA denies SC because “disability does not exist,” the Veteran submits a medical report showing the existence of the disability. After VA denies SC for back injury as “not incurred in service,” the Veteran submits a buddy statement for the first time from a friend who witnessed the Veteran injure his back in service. Important: On or after March 24, 2015, a request to reopen a claim based on new and material evidence must be received on a prescribed form. Reference: See M21-1, Part III, Subpart ii, 2.D.2.b for form requirements for claims to reopen. g. Examples of Evidence Not Sufficient to Reopen a Previously Denied The following are examples of evidence not considered new and material and therefore, not sufficient to reopen a denied claim a record photocopied from the claims folder that was considered in the previously denied a new medical nexus opinion incorporating an inaccurate history. See , 5 Vet. App. 458 (1993) for more information. written testimony from an eyewitness that is substantially identical to a statement already on file. a layperson’s assertion about the cause (but not the onset) of a disability, or medical evidence that reveals the existence of a disability when previous evidence already revealed that the disability existed. h. Benefit of the Doubt Under 38 U.S.C. 5107(b) The benefit of the doubt under cannot take the place of the standard for reopening claims. The standard for reopening claims, as stated in , requires only that new and material evidence be presented or secured. The weight of the evidence is not considered. Reference: For more information on the benefit-of-the-doubt rule, see , 6 Vet. App. 462 (1994). i. Presuming the Evidence to be Credible When determining whether new and material evidence has been submitted to justify reopening a claim, presume the new evidence to be credible. Note: Once a claim has been reopened, the presumption of the credibility of the evidence no longer applies, and the evidence must be weighed. Reference: For more information on credible evidence, see , 3 Vet. App. 510 (1992). j. Handling Cases in Which The table below shows how to handle cases in which VA has requested new and material evidence.