BVA Case 17-1569: Depression

Rodgers , through counsel appeals a January 30,2017,Board of Veterans'Appeals (Board)decision that found that no new and material evidence had been submitted to reopen a previously denied claim for benefits for a low back disorder and denied entitlement to benefits for a mental or mood disorder,including as secondary to a low back disorder.

For the following reasons,the Court will vacate that part of the Board's decision that found that no new and material evidence had been submitted to reopen the previously denied claim for benefits for a low back disorder and remand the matter for further proceedings consistent with this decision.

S Naval Medical Board determined that the appellant's chronic back pain with spondylolysis at the L5-S1 vertebrae existed prior to his entry to service and was not aggravated by service.

The Medical Board noted that the appellant's back pain had begun 6 months earlier during training and that he had no back pain prior to that time.

In January 2017,the Board issued the decision on appeal,finding that new and material evidence had not been submitted to reopen the appellant's previously denied claim for benefits for a low back disorder.

Of note,the Board determined that no medical examination related to the appellant's claim for benefits for a mental disorder was necessary.

ANALYSIS On appeal,the appellant argues that the Board failed to account for his lay statements in May 2008 and September 2009 that he did not have spondylolysis prior to service,and therefore the Board provided inadequate reasons or bases for its determination that new and material evidence had not been submitted to reopen the previously denied claim for benefits for spondylolysis.

He next contends that the Board provided inadequate reasons or bases for denying entitlement to benefits for a psychiatric condition because the Board failed to consider that he received substance abuse treatment in service.