Request to Reopen Previously Denied Claims

The U.S. Court of Appeals for the Federal Circuit issued a decision stating that you can file a request to reopen a previously denied claim without submitting new and material evidence at the time that you file that request.  You will have submit new and material evidence in order to have the claim reopened – but you can file the claim to preserve the earlier effective date.  Akers v. Shinseki, 2011-7018 (Mar. 23, 2012), available at http://www.cafc.uscourts.gov/images/stories/opinions-orders/11-7018.pdf
(posted to hoeferlaw.com March 2012)