If new and material evidence has been presented that affects a previous denial of a claim the secretary can reopen the claim for review and possibly reverse the previous decision to deny the claim. Also, if the Board of Veterans’ Appeals or a court of law finds that a denial of benefits by the Department has been made because of a “clear and unmistakable error,” the decision can be revised or reversed. If a decision regarding a benefit or service claim by a veteran has been remanded to a regional office for reconsideration by the Board of Veterans’ Appeals or a court of law, the regional office must expedite such a matter to make the proper decision regarding the claim in a timely manner.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified veteran's benefits lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local veteran's benefits attorney to discuss your specific legal situation.