Sufficient to Reopen a a record photocopied from the claims folder that was considered in the Previously previously denied claim. Denied Claim 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 the cause (but not the onset) of a disability, or layperson’s assertion about medical evidence that reveals the existence of a disability when previous evidence already revealed that the disability existed. The benefit of the doubt under cannot take the place of the standard for h. Benefit of the Doubt Under reopening claims. The standard for reopening claims, as stated in , requires 38 USC 5107(b) only that new and material evidence be presented or secured. The weight of 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). , The table below shows how to handle cases in which VA has requested new j. Handling Cases in Which and material evidence. VA Has Requested New and Material Evidence If … Then … the evidence submitted is new and the development and/or rating material activity will reopen the claim, complete any necessary development including a VA exam, and reconsider the claim on its merits based on all previously existing and
Sufficient to Reopen a Previously Denied Claim a record photocopied from the claims folder that was considered in the previously denied claim. 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 USC 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 VA Has Requested New and Material Evidence The table below shows how to handle cases in which VA has requested new and material evidence. If … Then … the evidence submitted is new and material the development and/or rating activity will reopen the claim, complete any necessary development including a VA exam, and reconsider the claim on its merits based on all previously existing and