BVA Case 10-1922: Anxiety

Because the Secretary concedes,and the Court agrees, that the Board provided inadequate reasons or bases for its determination that new and material evidence had not been received,the Court will 1 The Board also remanded claims for entitlement to (1)an increased disability rating for bilateral hearing loss, currently rated 80%disabling;(2)special monthly compensation based on the need for regular aid and attendance or at the housebound rate;and (3)automobile and adaptive equipment or adaptive equipment only.

Additionally,the Board remanded the questions of (1)entitlement to a total disability rating based on individual unemployability,and (2) whether new and material evidence has been received to reopen a previously denied claim for benefits for a chronic bilateral leg disorder.

Because, however,the Board's determination that VA satisfied its duty to assist is not clearly erroneous, the Court will affirm those portions of the May 2010 Board decision that denied entitlement to benefits for a chronic low back disability,an initial disability rating in excess of 10% for bilateral hearing loss,and an initial disability rating in excess of 10%for tinnitus.

Nevertheless, VA advised him that new and material evidence was necessary to reopen his claim and that the July 1991 VA hospital report was not material to his claim because the cardiac history [he provided]was not supported by medical evidence.

Stubenrauch entitlement to service connection for a complex partial seizure disorder, finding that new and material evidence had not been associated with his claim.

Specifically,the regional office found that evidence from the Michigan Army National Guard and hospital records from the Milwaukee , Wisconsin ,VA medical center did not constitute new and material evidence because,although new,they did not bear directly and substantially upon the issue of a confirmed diagnosis of seizure disorder incurred in or aggravated during military service.

The Board noted the evidence of record at the time of the prior final decisions relating to Mr.

Stubenrauch's claims for benefits for chest pain and a seizure disorder,reviewed the evidence submitted since those prior final denials, and determined that none of the evidence was both new and material.