BVA Case 14-2811: Ptsd

Kisor’s case, the Board concluded that two ser- vice department records, which were received in 2006 and 2007, were not “relevant” under the regulation because they did not pertain to the basis of the 1983 denial of Mr.

As the Board determined, and as we explain, under the regulation, in order to be “relevant,” a record must speak to a matter in issue, in other words, a matter in dispute.

The RO also located an additional record it did not consider in 1983: a daily log from Mr.

The Board found that the VA did receive service department records documenting Mr.

Finally, the Board concluded with the observation that the records at issue were not ‘‘outcome determinative’’ and ‘‘not relevant to the decision in May 1983 because the basis of the denial was that a diagnosis of PTSD was not warranted, not a dispute as to whether or not the Veteran engaged in combat with the enemy during service.

Second, before amendments promulgated in 2019, a claimant could reopen a claim by submitting “new and material evidence” under former 38 U.

1 For claims based upon “new and material evidence” filed before 2019, such as Mr.

The comments accompanying the final rule explain that the “new and rel- evant” standard for supplemental claims is “a lesser stand- ard and reduces the claimant’s burden” as compared to the prior “new and material” standard.