Getting an Earlier Effective Date Part 2: The Importance of New and Material evidence

Let us consider the scenario in the previous article where the veteran had an unadjudicated claim in 1990, but instead of the case where the VA grants the claim, the VA here denies the veterans 1995 claim.  How can the veteran preserve the earlier effective-date of 1990?

Answer, through new and material evidence during the one-year time the veteran has to appeal the VA’s decision on their claim.

If there is no appeal and no NME submitted during the veteran’s one-year time to appeal a VA decision on their claim, then yes, the veteran must start the claims process over (but the veteran should understand that they may have filed an informal claim for benefits after their denial, and that there may be unadjudicated claim(s) still open, so long as there is no subsequent denial of a newer claim for the same disability).

Most importantly, it may be the case that during the one-year time to appeal the VA’s decision the veteran received medical treatment at a VA medical facility for the same condition, and such treatment is relevant to the earlier denied claim.  This evidence should be considered New and Material Evidence and the veteran may be able to get an earlier effective date based on this evidence if the claim is later granted.

The moral of this story is to remember to submit New and Material Evidence during one-year time to appeal if your claim is denied, because doing so could preserve the date of your earlier claim and a larger retroactive benefit.