BVA Case 18-4075: Psychiatric

Additionally,the Board found that a December 1999 rating decision denying service connection for right thigh hematoma residuals was final;found that the appellant submitted new and material evidence sufficient to reopen the claim;and remanded the matter for further adjudication.

2 Further,the Board noted that in July 2016 the Veteran submitted a Notice of Disagreement (NOD)with a July 2015 rating action of the [VA regional office (RO)] and that [t]hese matters are being developed for appellate On December 13,2019, the Court issued a memorandum decision dismissing the right thigh hematoma claim for lack of jurisdiction and vacating and remanding the Board decision as to all other issues.

The Board therefore found that it lacked jurisdiction over the matters,and the appellant does not contend on appeal that the Board erred in its jurisdictional determination.

In the decision on appeal,the Board found that the December 1999 rating decision denying Mr.

Dallman's claim was final, but that he had submitted new and material evidence dated in December 2001 (in the form of a VA outpatient treatment record)sufficient to reopen that decision.

5108, [i]f new and material evidence is presented or secured with respect to a claim which has been disallowed,the Secretary shall reopen the claim and review the former disposition of the claim.

To satisfy this requirement,the evidence must be both new and material.

5110(a),which governs the assignment of effective dates for awards of benefits, 3 The Court notes that,in the June 2012 decision, the RO did not address whether new and material evidence had been submitted to reopen the previously disallowed claim for an infected hematoma secondary to the service- connected right knee disability.