BVA Case 08-0089: Ptsd

Bond argued that his February 1998 submission was actually new and material evidence relating to the earlier, May 1997, rating decision and should have been assessed as such by the RO.

A claimant, however, may obtain an earlier effective date for an issued rating decision if the claimant submits new and material evidence within the appeal period of that rating decision or before an appellate decision of that rating decision.

Bond both before and in connection with his February 1998 submission, the Board determined that those medi- cal records showed symptoms substantially predating January 1997.

Based on this conclusion, the Board noted that those records would be treated as an informal claim, normally allowing for an effective date of up to one year before February 1998.

Bond argued that, when assigning the effective date for his 70% rating, the Board failed to consider whether he had submitted new and material evidence prior to the expiration of the appeal period for the May 6, 1997 RO decision.

Bond, the May 6, 1997 decision could not have become final because the Board never considered whether his February 1998 submission con- tained new and material evidence relating to his October 1996 claim.

159, 161-62 (1999) (holding that, when the VA fails to consider new and material evidence submitted within the one-year appeal period pursuant to § 3.

Bond’s contention that "the Board failed to consider whether he submitted new and material evidence prior to the expiration of the appeal period of the May 6, 1997 RO decision," as required by 38 C.