BVA Case 13-3039: Psychiatric

An October 1993 rating decision found,inter alia,that the information submitted did not constitute new and material evidence sufficient to reopen the claim.

Rogers had not submitted new and material evidence.

In December 2010,the Board found that lay statements by the veteran and others constituted new and 4 material evidence,reopened the claim,and remanded the matter for a medical linkage opinion.

In the October 2012 decision on appeal,the Board found that the veteran had a current diagnosis of lumbar spine DJD and that an in-service slip and fall injury had occurred,based on the veteran's competent and credible report.

However,the Board found the veteran's report of continuity of symptoms since service not credible,primarily because the veteran did not provide a history of chronic back pain during postservice treatment for back problems,when such a report 5 would have been expected.

The Board found the July 2012 negative linkage opinion adequate to adjudicate the claim and assigned it significant weight.

The Board must analyze the credibility and probative value of evidence,account for the persuasiveness of evidence, and provide reasons for rejecting material evidence favorable to the claimant.

When a veteran's service records are missing,VA has a heightened duty to explain its findings and conclusions and carefully consider the benefit of the doubt rule.