BVA Case 06-0122: Ptsd

Treadaway appeals through counsel a September 20, 2005, Board of Veterans' Appeals (Board) decision in which the Board denied entitlement to VA benefits for arthritis and bursitis of the left shoulder and determined that new and material evidence had not been submitted to reopen a previously denied claim for VA benefits for an acquired psychiatric disorder other than post-traumatic stress disorder.

Because the Board failed to ensure that VA complied with its duty to notify in the context of Mr.

Treadaway's request to reopen a previously denied claim for compensation for an acquired psychiatric disorder, the Court will vacate that portion of the September 20, 2005, Board decision that determined that no new and material evidence had been received to reopen that previously denied claim and remand the matter for proper notice and readjudication.

Because the Board failed to ensure that VA complied with its heightened duty to assist, the Court will vacate that portion of the September 2005 Board decision that denied entitlement to compensation for arthritis and bursitis of the left shoulder and remand the matter for further development and readjudication.

Treadaway that it had confirmed its previous denial of a claim for disability compensation for a nervous condition because new and material evidence to reopen the claim had not been received.

Treadaway's left shoulder bursitis was not service connected because the condition was in remission.

Treadaway's claim for VA benefits for bursitis of the left shoulder because new and material evidence had not been submitted.

Treadaway a notice letter regarding his appeals for entitlement to compensation for arthritis and a left shoulder disorder, and whether new and material evidence had been submitted to reopen a previously denied claim for compensation for an acquired psychiatric disorder other than post-traumatic stress disorder.