BVA Case 07-0806: Ptsd

HAGEL, Judge : Obdulio Rodriguez-Torres appeals through counsel a January 31, 2007, Board of Veterans' Appeals (Board) decision in which the Board found that new and material evidence had been received to reopen his claim for VA benefits for post-traumatic stress disorder, but denied that claim on the merits.

Because the Board's determination that VA had fulfilled its duty to notify is not prejudicial, and because its determination that service connection for post-traumatic stress disorder is not warranted is not clearly erroneous and is supported with an adequate statement of reasons or bases, the Court will affirm the January 31, 2007, Board decision.

Rodriguez-Torres's claim for post- traumatic stress disorder because the regional office had not evaluated whether new and material evidence had been submitted to reopen the post-traumatic stress disorder claim previously denied in November 1995.

That letter did not discuss new and material evidence, but outlined the evidence necessary to establish entitlement to benefits generally, that is, a current disability, an event or injury in service, and a medical nexus between the two.

Again, that letter did not discuss new and material evidence, but stated the general requirements for establishing entitlement to VA benefits.

In January 2007, the Board issued the decision on appeal, finding that new and material evidence had been received to reopen Mr.

Oms that provided a diagnosis of post-traumatic stress disorder was new and material evidence, and therefore reopened Mr.

Consequently, the Board found that this examination was not probative evidence that Mr.