BVA Case 12-1234: Ptsd

,appeals,through counsel,a March 14, 2012,Board of Veterans'Appeals (Board)decision finding that he had not submitted new and material evidence sufficient to reopen a previously denied claim for service connection for depression,anxiety,and panic attacks.

The RO explained that the September 2007 VA medical examination did not constitute new and material evidence sufficient to reopen that claim because it does not bear directly and substantially upon the issue of whether your condition[�]panic attack, anxiety disorder[,]and depression[�]is related to your military service,as the VA examiner stated that your panic attacks are not related to your military service.

Watson had submitted new and material evidence to reopen his previously denied claim,but appears 2 The RO actually stated that the claim was denied in October 2005 (R.

Watson had not submitted new and material evidence sufficient to reopen his previously denied claim for service connection for depression,anxiety,and panic attacks.

The Board noted that the evidence of record at the time of the October 2004 denial of Mr.

Watson submitted since October 2004 to be considered new and material,it must relate to the basis for the prior denial of the claim,that is,the lack of evidence that depression and anxiety and panic attacks began in service or the claimed disorder is due to an injury,disease,or event in service.

The Board then found that the evidence submitted since the October 2004 denial was not new and material because the September 2006 VA medical records were cumulative of evidence previously of record and the September 2007 VA PTSD examination report containing a negative nexus opinion did not relate to an unestablished fact necessary to substantiate the claim.

Watson argues only that the Board clearly erred in finding that the September 2007 VA examination report did not constitute new and material evidence because it contained the first evidence of record of an actual psychiatric diagnosis, a previously unestablished fact necessary to substantiate his claim.