How is "new evidence" defined in VA claims?

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The correct understanding of "new evidence" in the context of VA claims is that it refers to any evidence not previously part of the record. This means that new evidence can include documents, records, or testimony that were not submitted during the initial consideration of a claim. The significance of this definition lies in the fact that new evidence has the potential to change the outcome of a claim by providing additional support that was missing or not adequately represented in the original submission.

For instance, if a veteran submits additional medical records or a witness statement after the initial claim has been decided, that information can be considered new evidence. Importantly, this new evidence does not have to meet any specific age requirement, such as being less than three months old, nor does it have to be certified. Its essential characteristic is simply that it has not been included in the claim’s record before. This understanding is crucial for veterans and their representatives as they navigate the complexities of claiming benefits and can significantly impact the adjudication process.

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