BVA Case 03-1575: Back
Real Board of Veterans' Appeals decision · May 12, 2006 · GREENE, Chief Judge
Conditions Claimed
Issues on Appeal
Service ConnectionReopen
Why It Was Decided This Way
Belbeck appeals, through counsel, a May 30, 2003, Board of Veterans' Appeals (Board) decision that found that new and material evidence had not been presented to reopen his previously denied claims for service connection for a left-ankle disorder, left-knee disorder, left-hip disorder, and residuals of a head injury.
5103A duty to assist by not procuring material records from the Social Security Administration (SSA).
Belbeck also maintains that the Board failed to provide an adequate statement of reasons or bases for why it reversed a May 2002 decision review officer (DRO) decision that determined that he had produced new and material evidence.
Belbeck was provided adequate notice under section 5103(a) and that there was no violation of the section 5103A duty to assist.
Belbeck's claims after finding that no new and material evidence had been submitted.
Belbeck a letter regarding how to complete his claim that stated: Please submit new and material evidence which has not been considered before and is specific to the issue you are claiming.
Furthermore, under the title What Evidence Can Be Considered New And Material Evidence, the letter listed the following: medical treatment in service and buddy statements from fellow service members describing your injuries and corroborating your statements regarding the occurrence.
Belbeck's claims because he had not submitted new and material evidence.
Authorities Cited
Denial Type
Not New Material|Duty To Assist
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