Question:
I am trying to reopen my claim for direct exposure to Agent Orange while I was stationed in Okinowa. The VA told me I need to submit new and material evidence but they won’t tell me what new and material evidence is. Help!
Answer:
New evidence is evidence that has not previously been considered by the VA. New and material evidence must not be cumulative of evidence of the record at the time of the last final denial, and it must prove the merits of the claim relating to each essential element that was a specified basis for the last final denial.
Cumulative evidence is merely cumulative and is not to be considered new evidence if it reinforces a previously well-established point or provides additional details to support previous statements or rehashes previously submitted statements.
Material evidence is evidence that by itself, or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. To be considered material, evidence must be of sufficient significance so that there is a reasonable possibility that the new evidence, when considered in light of all the evidence, both old and new, would help to prove the claim.
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