BVA Case 10-2287: Back

Thomas ,appeals through counsel that part of the March 16,2010,decision of the Board of Veterans'Appeals (Board)that determined that new and material evidence had not been presented to warrant reopening the previously denied claims of entitlement to service connection for hypertension and for coronary artery disease.

In May 2005,the RO determined that he had not submitted new and material evidence sufficient to warrant reopening the claims.

The RO reasoned as follows: There has been no evidence submitted in connection with the current claim that constitutes new and material evidence in that the evidence relates hypertension to your active military or that the evidence shows that hypertension manifested itself to a compensable degree within one year of your discharge from active duty.

In the March 2010 decision currently on appeal,the Board, inter alia ,determined that the appellant had not presented new and material evidence sufficient to warrant reopening the previously denied claims of entitlement to service connection for hypertension and coronary artery disease.

The Board noted that the claims had been previously denied by the RO in May 2003.

Although this evidence is new,in that it has not been submitted previously to agency adjudicators, it is cumulative or redundant of the evidence at the time of the prior decision which showed that the Veteran's current hypertension and coronary artery disease were not related to active service.

Because new and material evidence has not been received,the Board finds that the previously denied claims of service connection for hypertension and for coronary artery disease are not reopened.

He further contends that VA failed to advise him that he could support his claim through proof of continuity of symptomatology,and failed to address the issue of his potential entitlement to a total disability rating due to individual unemployability (TDIU) that was raised by the evidence of record.