BVA Case 06-1358: Back

Garrett appeals through counsel a March 3, 2006, Board of Veterans' Appeals (Board) decision in which the Board found that no new and material evidence had been submitted and therefore declined to reopen his claim for entitlement to VA compensation for a back condition.

Because the Board's determination that VA fulfilled its duty to assist was clearly erroneous, the Court will vacate the March 3, 2006, Board decision and remand the matter for further development and readjudication consistent with this decision.

Garrett a letter advising him that it had accepted his statement as a request to reopen his claim for compensation for a back condition, and informing him that he needed to submit new and material evidence to show that the condition was incurred in or aggravated by his military service.

That letter defined new and material evidence and advised Mr.

In June 2002, the regional office issued a rating decision, finding that no new and material evidence had been submitted and declining to reopen Mr.

In August 2003, the regional office issued a Statement of the Case that again determined that new and material evidence had not been received to reopen his claim.

Garrett another letter informing him that new and material evidence was needed to reopen his claim for compensation for a back condition, that his claim had previously been denied because the service medical records [were] completely absent of any complaints, clinical findings, treatment or history of [any] back condition, and that he needed to submit evidence related to that fact.

In March 2006, the Board issued the decision on appeal in which it found that no new and material evidence had been submitted to reopen Mr.