(a) After an appellate decision has been promulgated on a claim, a claimant may file a supplemental claim with the agency of original jurisdiction by submitting the prescribed form with new and relevant evidence related to the previously adjudicated claim as set forth in § 3.2601 of this chapter, except in cases involving simultaneously contested claims under Subpart E of this part.
(Authority: 38 U.S.C. 5108, 7104)
(b) Legacy appeals pending on the effective date. For legacy appeals as defined in § 19.2 of this chapter, where prior to the effective date described in Rule 4 (§ 20.4), an appellant requested that a claim be reopened after an appellate decision has been promulgated and submitted evidence in support thereof, a determination as to whether such evidence is new and material must be made and, if it is, as to whether it provides a basis for allowing the claim. An adverse determination as to either question is appealable.
(Authority: 38 U.S.C. 5108, 7104 (2016))
[84 FR 191, Jan. 18, 2019]
Notes of Decisions
William A. Smith, Claimant-Appellee v. Jesse Brown, Sec'y of Vets. Affairs, 35 F.3d 1516 (Fed. Cir. 1994).
“” Neither § 5108 nor the regulation concerning the reopening of disallowed claims, 38 C.F.R. § 20.1105 , contain any limitation on the sources of new and material evidence, unlike the regulation on the Board’s discretionary authority to reconsider otherwise final decisions.”
YT v. Brown, 9 Vet. App. 195 (Vet. App. 1996).
“§§ 5108 , 7104(b); 38 C.F.R. § 20.1105 (1995). The appellant has failed to meet this burden.”
Victor B. Skaar v. Robert L. Wilkie (Vet. App. 2019).
· cites it 2× “§ 5108 (a) and 38 C.F.R. § 20.1105 (a), if the class succeeds on the merits, then the Expired Claimants can file supplemental claims based on new and relevant evidence.”
08-00 638 (Board of Vet. App. 2012).
· cites it 2× “§ 7104 (b); 38 C.F.R. § 20.1105 . The evidence considered by the May 1984 rating decision that denied entitlement to service connection for a back disability included the Veteran's service treatment records, the report of an August 1968 VA examination, and VA treatment records…”
14-42 786 (Board of Vet. App. 2018).
“38 C.F.R. § 20.1105 (2017). The issue of reopening a claim goes to the Board’s jurisdiction to reach the underlying claim and adjudicate the claim de novo.”
190913-30688 (Board of Vet. App. 2019).
“18, 2019) (to be codified at 38 C.F.R. § 20.1105 ). Caroline B. Fleming Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board David S.”
Lopez v. Collins (Fed. Cir. 2026).
“Lopez’s opening brief in the Veterans Court ex- pressly cited 38 C.F.R. §§ 20.1105 and 3.156(a), as well as 38 U.”
10-40 642 (Board of Vet. App. 2014).
“156 (a), 38 C.F.R. § 20.1105 (2014). 3. New and material evidence has not been received to reopen the claim of service connection for the cause of the Veteran's death.”
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