When collateral estoppel does not apply, the DDS must complete development and make
a new determination.
When evidence indicates MI or a potential specific exception to MI, a CDR is required
regardless of when the periodic review is scheduled. When a CDR issue is raised, the
DDS must resolve the issue prior to making a determination on the new claim.
The DDS will send an assistance request (AR) for the FO to initiate a CDR and notify
the beneficiary of the CDR on the existing entitlement. The DDS must adjudicate the
new claim and the CDR on the existing entitlement at the same time to ensure that,
in the event of a cessation, both claims will move through the appeals process together.
Follow regional guidance for AR follow up time-frames.
In this situation, the official folder will be paper because the FO will add the CDR
as an Electronic Disability Collect System (EDCS) exclusion. For more information
on processing multiple claims when at least one of the claims is an EDCS exclusion,
see DI 81010.030C.
When the prior favorable determination or decision is not in the certified electronic
folder (CEF), the DDS will request the prior paper folder for the CDR when it was
not requested by the FO.