CAVC Decision November 2, 2010

Shade

Shade v. Shinseki, 24 Vet. App. 110 (2010)

New and Material Evidence Standard

Summary

The Court held that the threshold for determining what constitutes 'new and material evidence' to reopen a previously denied claim is low. Evidence is considered material if it relates to an unestablished fact necessary for the claim and raises a reasonable possibility of substantiating the claim. The evidence need not conclusively prove the claim, just provide a reasonable possibility.

Key Points

  • Low threshold for reopening previously denied claims
  • New evidence must relate to previously unestablished fact
  • Must raise 'reasonable possibility' of substantiating claim
  • Does not need to conclusively prove the claim
  • Evidence is evaluated assuming its credibility
  • Easier to reopen claims than many veterans realize

When This Applies

If you were previously denied and are filing to reopen your claim, you don't need overwhelming new evidence. You just need evidence that relates to why you were denied before and raises a reasonable possibility of success. This could be a new medical opinion, buddy statements, or treatment records that weren't previously considered.