Evidence Determination the date of the original denial notification of that denial receipt of the evidence submitted to reopen the claim finding that the evidence was not considered to be new and material notification of that decision, and the evidence submitted. l. Effective A claim that is reopened based on new and material evidence and awarded is Date for generally effective the date of receipt of claim or the date entitlement arose, Reopened whichever is later. See for more information. Claims on New and Example: Material VA issues a rating decision on March 1, 2010 denying SC for hypertension Evidence because there was no evidence of a current disability. On July 3, 2014, the Veteran submits new and material evidence that revealed the existence of hypertension as of June 2014. In this case, SC is awarded and the effective date, pursuant to , is established as of the date of the receipt of the reopened claim, which is July 3, 2014. If was an intent to file associated with a reopened claim, the Important: effective date may be the date the intent to file was submitted per . When new and material evidence other than service department records is m. Effective Date for received within the appeal period or prior to an appellate decision, as Revisions Based provided by , and the pending claim is reconsidered and SC awarded, the on New and effective date will be as though the former decision had not been rendered. Material See and M21-1, Part III, Subpart iv, 2.B.3.a for more information. Evidence Within the Example 1: Appeal Period VA issues a rating decision on 1, 2010 denying SC for a claim for hypertension, which was received on December 2, 2009. On May 5, 2010, the Veteran submits new and material evidence, which results in VA awarding SC for hypertension. Because the claim is still open, (i.e., in accordance with ), the evidence is considered as having been “pending” filed with the prior pending claim and, thus, an earlier effective date of December 2, 2009 is warranted based on the provisions of . Example 2: VA issues a rating decision on March 1, 2010 denying SC for hypertension. On May 5, 2010, the Veteran requests reconsideration and submits evidence for the hypertension issue that is not considered new and material evidence. In this case, VA issues a decision on its merits that continues the denial of SC for hypertension.
Evidence Determination the date of the original denial notification of that denial receipt of the evidence submitted to reopen the claim finding that the evidence was not considered to be new and material notification of that decision, and the evidence submitted. l. Effective Date for Reopened Claims on New and Material Evidence A claim that is reopened based on new and material evidence and awarded is generally effective the date of receipt of claim or the date entitlement arose, whichever is later. See for more information. Example: VA issues a rating decision on March 1, 2010 denying SC for hypertension because there was no evidence of a current disability. On July 3, 2014, the Veteran submits new and material evidence that revealed the existence of hypertension as of June 2014. In this case, SC is awarded and the effective date, pursuant to , is established as of the date of the receipt of the reopened claim, which is July 3, 2014. Important: If was an intent to file associated with a reopened claim, the effective date may be the date the intent to file was submitted per . m. Effective Date for Revisions Based on New and Material Evidence Within the Appeal Period When new and material evidence other than service department records is received within the appeal period or prior to an appellate decision, as provided by , and the pending claim is reconsidered and SC awarded, the effective date will be as though the former decision had not been rendered. See and M21-1, Part III, Subpart iv, 2.B.3.a for more information. Example 1: VA issues a rating decision on 1, 2010 denying SC for a claim for hypertension, which was received on December 2, 2009. On May 5, 2010, the Veteran submits new and material evidence, which results in VA awarding SC for hypertension. Because the claim is still open, (i.e., “pending” in accordance with ), the evidence is considered as having been filed with the prior pending claim and, thus, an earlier effective date of December 2, 2009 is warranted based on the provisions of . Example 2: VA issues a rating decision on March 1, 2010 denying SC for hypertension. On May 5, 2010, the Veteran requests reconsideration and submits evidence for the hypertension issue that is not considered new and material evidence. In this case, VA issues a decision on its merits that continues the denial of SC for hypertension.
11-17-15_Key%20Changes_M21-1III_iv_2_SecB.docx