38 CFR 3.156 - New and material evidence

Cite as38 CFR 3.156
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506 practice notes
  • Compensation, pension, burial and related benefits: General provisions; reorganization and plain language rewrite,
    • United States
    • Federal Register March 31, 2006
    • March 31, 2006
    ...threshold determinations as to whether a claimant has submitted new and material evidence are governed by the standards set forth in 38 CFR 3.156(a). The default standard of proof applicable to rebuttal of a presumption is addressed in proposed Sec. 5.3(c). In some cases, Congress has speci......
  • Part II
    • United States
    • Federal Register May 22, 2007
    • May 22, 2007
    ...the effective date could not be earlier than the date VA received that evidence (which would be construed as a claim to reopen). Hence, 38 CFR 3.156(b) and 3.400(q)(1)(i) provide a claimant-friendly effective-date rule for awards based on evidence received while a claim is on appeal or befo......
  • VA Claims and Appeals Modernization
    • United States
    • Veterans Affairs Department
    • Invalid date
    ...was filed, has long since been considered to have been filed in connection with the initial claims proceeding. In contrast, pursuant to 38 CFR 3.156(a), a finally adjudicated claim could be reopened but the new proceeding would not be treated as a continuation of the prior Furthermore, unli......
  • Adjudication; pensions, compensation, dependency, etc.: Surviving spouse's rate; compensation payments for service-connected disability; indemnity compensation for non-service-connected deaths,
    • United States
    • Federal Register October 25, 2004
    • October 25, 2004
    ...decided during the veteran's lifetime and for awarding a total service-connected disability rating retroactively in accordance with 38 CFR 3.156(c) and 3.400(q)(2) for the relevant continuous period required by 38 CFR 3.22(a)(2). The reasons for this change are discussed below. In light of ......
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478 cases
  • Kisor v. McDonough, 2016-1929
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • August 12, 2020
    ...stress disorder ("PTSD"). Id. at *1.In its decision, the Board held that Mr. Kisor was not entitled to an earlier effective date under 38 C.F.R. § 3.156(c)(1). J.A. 78–91. That regulation states that the Department of Veterans Affairs ("VA") will reconsider a claim after a final decision if......
  • Disabled American Veterans v. Secretary of Veterans Affairs, 02-7304, -7305, -7316.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • May 1, 2003
    ...does not specify whether any evidence at that point needs to meet the requirements of new and material evidence. See 38 U.S.C. § 5108; 38 C.F.R. § 3.156(a). Although § 19.9(a)(2)(ii) permits the appellant to submit evidence to the AOJ after the Board denies a benefit, it prejudices claimant......
  • Disabled American v. Sec. of Veterans Affairs, No. 02-7304.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • May 1, 2003
    ...does not specify whether any evidence at that point needs to meet the requirements of new and material evidence. See 38 U.S.C. § 5108; 38 C.F.R. § 3.156(a) (2002). Although § 19.9(a)(2)(ii) permits the appellant to submit evidence to the AOJ after the Board denies a benefit, it prejudices c......
  • Kisor v. McDonough, 2016-1929
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • April 30, 2021
    ...records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim." 38 C.F.R. § 3.156(c)(1). The question is what constitutes "relevant" records.IHere, there was an original rating decision in 1983 denying benefits for post-t......
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5 firm's commentaries
  • SCOTUS Case Sets Limits On Agency Deference
    • United States
    • Mondaq United States
    • July 8, 2019
    ...J., concurring). [16] Kisor, 2019 WL 2605554, at *4, *20 (Gorsuch, J., concurring). [17] Kisor, 2019 WL 2605554, at *4 (citing 38 CFR § 3.156(c)(1) [18] Id. [19] Id. [20] Id. at *14. [21] Id. at *9. [22] Id. at *10. [23] Id. at *7-10, *13-14. A majority of the Court did not join Parts II-A ......
  • What’s Ahead at the Supreme Court?
    • United States
    • JD Supra United States
    • December 20, 2018
    ...post-traumatic stress disorder (PTSD) that arose from his military service. Based on the meaning of the term “relevant” contained in 38 C.F.R. § 3.156(c)(1), the Veterans Affairs Department denied him benefits. The Court of Appeals for the Federal Circuit ultimately affirmed and denied rehe......
  • What’s Ahead at the Supreme Court?
    • United States
    • LexBlog United States
    • December 19, 2018
    ...post-traumatic stress disorder (PTSD) that arose from his military service. Based on the meaning of the term “relevant” contained in 38 C.F.R. § 3.156(c)(1), the Veterans Affairs Department denied him benefits. The Court of Appeals for the Federal Circuit ultimately affirmed and denied rehe......
  • What's Ahead At The Supreme Court?
    • United States
    • Mondaq United States
    • December 28, 2018
    ...post-traumatic stress disorder (PTSD) that arose from his military service. Based on the meaning of the term "relevant" contained in 38 C.F.R. § 3.156(c)(1), the Veterans Affairs Department denied him benefits. The Court of Appeals for the Federal Circuit ultimately affirmed and denied rehe......
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