For purposes of these instructions, a “subsequent” application is an application filed
after an initial determination notice has been issued on a prior application and the
determination on the prior application was less than fully favorable. (This assumes
that the subsequent application involves substantially the same issues and time period
as the prior application.) If reopening is permitted under the rules of administrative
finality (see VB 02507.010B.1.), the initial determination on the first application may be reopened and revised
as long as a favorable determination will be made on the second application.
If there is good cause to reopen under VB 02507.010B.1., the application under consideration must have been filed within 2 years of the date
of the initial determination notice of the prior application. If good cause does not
exist, the subsequent application must have been filed within 1 year of the date of
the initial determination notice on the prior application.
NOTE: If a protective filing date is established, the protective filing date is the date
of the affirmative action in writing.