38 CFR 3.156 - New and material evidence

Cite as38 CFR 3.156
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319 practice notes
  • 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......
  • Separate Parts In This Issue Part II Veterans Affairs Department,
    • United States
    • Federal Register May 22, 2007
    • 22 Mayo 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 Compensation and Pension Regulation Rewrite Project
    • United States
    • Federal Register November 27, 2013
    • 27 Noviembre 2013
    ...they cannot meaningfully be separated into `prongs' of a test''). In proposing the current definition of ``new and material evidence'', 38 CFR 3.156(a), VA stated, ``We propose to clarify the definition of `new and material evidence' . . . to state that `new evidence' means . . . evidence n......
  • 969 F.3d 1333 (Fed. Cir. 2020), 2016-1929, Kisor v. Wilkie
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals for the Federal Circuit
    • 12 Agosto 2020
    ...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 d......
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296 cases
  • 969 F.3d 1333 (Fed. Cir. 2020), 2016-1929, Kisor v. Wilkie
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Federal Circuit
    • 12 Agosto 2020
    ...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 d......
  • Skaar v. Wilkie, 020119 USCAVC, 17-2574
    • United States
    • Federal Cases Court of Appeals for Veteran Claims
    • 1 Febrero 2019
    ...dispute"); see also Blubaugh v. McDonald, 773 F.3d 1310, 1312 (Fed. Cir. 2014) (deciding in the first instance whether 38 C.F.R. § 3.156(c) was applicable in a case where the facts were undisputed). Thus, the Board should not address it on remand. [2] I believe that......
  • Pelegrini v. Principi, 011304 uscavc, 01-944
    • United States
    • 13 Enero 2004
    ...new and material evidence before his final decision could be reopened and readjudication could take place. See 38 U.S.C. § 5108; 38 C.F.R. § 3.156(a) (2002). He would also not be entitled to all the assistance given a claimant filing a new claim. See Paralyzed Veterans of Am. v. Sec'y Veter......
  • 327 F.3d 1339 (Fed. Cir. 2003), 02-7304, Disabled American Veterans v. Secretary of Veterans Affairs
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Federal Circuit
    • 1 Mayo 2003
    ...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......
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5 firm's commentaries
  • SCOTUS Case Sets Limits On Agency Deference
    • United States
    • Mondaq United States
    • 8 Julio 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) (2013)). [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 Pa......
  • What’s Ahead at the Supreme Court?
    • United States
    • LexBlog United States
    • 19 Diciembre 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
    • JD Supra United States
    • 20 Diciembre 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
    • 28 Diciembre 2018
    ...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 rehearing......
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13 provisions
  • VA Compensation and Pension Regulation Rewrite Project
    • United States
    • Federal Register November 27, 2013
    • 27 Noviembre 2013
    ...they cannot meaningfully be separated into `prongs' of a test''). In proposing the current definition of ``new and material evidence'', 38 CFR 3.156(a), VA stated, ``We propose to clarify the definition of `new and material evidence' . . . to state that `new evidence' means . . . evidence n......
  • Separate Parts In This Issue Part II Veterans Affairs Department,
    • United States
    • Federal Register May 22, 2007
    • 22 Mayo 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......
  • Compensation, pension, burial and related benefits: General provisions; reorganization and plain language rewrite,
    • United States
    • Federal Register March 31, 2006
    • 31 Marzo 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......
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