Generally, the determination or decision for claims under different titles and benefit
types should agree. However, different determinations or decisions may be appropriate
because the rules for determining disability differ or because eligibility factors
are not satisfied.
Examples include:
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•
Collateral estoppel does not apply due to a change in the listing and the evidence
in the new claim results in a denial using the current rules,
-
•
Collateral estoppel does not apply due to a changed vocational profile and the evidence
in the new claim results in a denial at steps 4 or 5 of the sequential evaluation
process, and
-
•
Collateral estoppel does not apply due to a change in medical-vocational rules (i.e.,
removal of inability to communicate in English).
For information on when collateral estoppel does not apply, see DI 27515.001E and DI 27515.001F.1.b.