BVA Case 11-1323: Ptsd

Nance ,through counsel,appeals an October 20,2010,Board of Veterans'Appeals (Board) decision that found that new and material evidence had not been received to reopen a claim for entitlement to disability compensation for a nervous condition variously diagnosed as psychotic depressive reaction,acute; schizophrenia,schizo- affective type;and schizophrenia,paranoid type.

Therefore,the Board found that it did not have jurisdiction,and referred it to the regional office (RO)for appropriate action.

In December 2001,the RO denied the appellant's request to reopen his claim,finding that the appellant did not provide new and material evidence.

On December 10, 2003,the Board denied the appellant's request to reopen his previously denied claim for entitlement to a disability compensation for a psychiatric disability because the appellant had failed to submit new and material evidence.

The October 20,2010,Board decision,here on appeal,found that new and material evidence had not been submitted to reopen the appellant's claim for entitlement to disability compensation for a nervous condition.

After discussing the evidence submitted since the December 2003 Board decision,the Board found that the new evidence was cumulative of the evidence previously considered,and that it did not relate to a previously unestablished fact,that is,evidence tending to show that military service aggravated his preexisting mental disorder.

New and Material Evidence The Secretary must reopen a previously and finally disallowed claim when new and material evidence is presented or secured.

In order to satisfy these requirements,the evidence must be both new and material.