Beraud v. McDonald, 766 F.3d 1402 (Sept. 12, 2014)
38 C.F.R. § 3.156(b);
PENDING CLAIM
Held: VA is required, under 38 C.F.R. §
3.156(b), to expressly determine whether evidence submitted during the one-year
appeal period is new and material – and its failure to do so renders the
underlying claim nonfinal, despite a subsequent final decision on the same
issue. 766 F.3d at 1407. VA is not entitled to the presumption that the records
were considered when there is no evidence that the records were even obtained. Id. at 1406-07.
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