Both parts of the standard matter
A document can be new without being relevant. For example, a record VA did not previously have may still fail to address the reason for the earlier decision. Evidence already in the record is not new merely because it is submitted again.
Where the term applies
VA uses this standard for a Supplemental Claim that asks the agency to review an issue it already decided. The claimant may submit the evidence or identify relevant records for VA to obtain with enough information for VA to request them.
Practical examples
- A medical record not previously considered that addresses a disputed diagnosis, severity, or connection may be new and relevant.
- A service record that was not in the file and relates to the event at issue may meet both parts.
- A duplicate of a record VA already considered is not new.
- A new record about an unrelated condition may not be relevant to the appealed issue.
Different review lanes use evidence differently
A Higher-Level Review generally does not accept new evidence. A Board Appeal permits new evidence only in the Evidence Submission and Hearing dockets and only within the applicable evidence window. Choosing a review route requires reading the decision letter and current VA instructions.
Not the same as proving the claim
Meeting the new-and-relevant threshold allows VA to readjudicate the issue; it does not guarantee that VA will grant the benefit. VA evaluates the full record and the requirements for the claimed benefit.