Legal Question in Veterans Law in Texas

New and Material Information

My husband applied for Veterans Disability approximately 15 years ago while still in service and was denied based on a preexisting condition. Unfortunately, at the time his missed the appeal process as he did not know of the need to refile at discharge. Many attempts later, he finally discovered his old doctor's records from before his service which show he was never diagnosed with the supposed ''pre-existing'' condition. He recently attempted to submit this information to reopen the case along with a claim for a separate back injury. The gave him a physical and eventually approved 10% for the new submission but never addressed the alledged pre-existing condition. Is there any way to reopen the old case and show that the decision made 15 years ago was made without basis?

Asked on 4/25/03, 5:05 pm

1 Answer from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: New and Material Information

Yes, Just reapply for the claim on the basis of new and material evidence. The VARO has a duty to investigate a new claim based on new and material evidence. Go to the DAV or the VFW offices in your area. They will be able to assist you to develop your claim.

Good Luck!!!

Patrick Tracy

101st Airbone Div. (Ambl)



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Answered on 4/26/03, 8:41 am

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