Where a new fact or issue is established by the FO, the DDS follows the procedures
in DI 57516.005C.
If, however, the claimant alleged new and material evidence, the DDS must consider
the new and prior claims as follows:
-
•
Develop the NEW evidence if the claimant does not provide it. Follow standard development
procedures;
-
•
Considering the prior final determination with the new evidence, determine whether
the new evidence would have changed the outcome.
IMPORTANT: In all cases where new evidence is considered in the medical evaluation of the claim,
we require a signed medical assessment form documenting the medical consultant (MC)/psychological
consultant (PC) review. The MC/PC should attest to the DDS determination of a res
judicata denial (evidence is not new or material), a denial considering the new and
material evidence, or a favorable finding based on new and material evidence and the
medical development through the date of adjudication.
Evidence, Application, Procedures
If the
evidence
is -
|
Then -
|
Follow the procedures in -
|
Not new
|
Res judicata may apply
|
DI 27516.005E
|
New, but not material
|
Res judicata may apply
|
DI 27516.005E
|
New and material
|
Res judicata does not apply
|
DI 27516.005C
|