BVA Case 04-181: Anxiety

Kent, through counsel, appeals an October 8, 2003, Board of Veterans' Appeals (Board or BVA) decision that determined that he had not presented new and material evidence to reopen his previously and finally denied claims for service connection for psychogenic gastrointestinal reaction and psoriasis.

The RO also determined that the appellant had not submitted new and material evidence to reopen his claim for service connection for psychogenic gastrointestinal reaction.

On August 4, 1999, the RO determined that no new and material evidence had been submitted.

In April 2000, the RO determined that the appellant had not submitted new and material evidence to reopen his claims for service connection for psoriasis and psychogenic gastrointestinal reaction.

The April 2001 letter did not advise the appellant that he needed new and material evidence to reopen his claims.

On October 8, 2003, in the decision here on appeal, the Board concluded that the appellant had not submitted new and material evidence to reopen his claims for service connection for psoriasis and gastrointestinal psychogenic reaction.

In his brief, the appellant asserts that the Board did not provide an adequate statement of reasons or bases for its decision because it failed to consider and discuss whether recent changes in the interpretation of law pertaining to the presumption of soundness entitled him to a de novo readjudication of his claim for service connection for psychogenic gastrointestinal reaction.

Alternatively, he argues that changes in the interpretation of the law 4 surrounding the presumption of soundness constituted new and material evidence to reopen his claim for psychogenic gastrointestinal reaction.