BVA Case 18-4571: Ptsd

The Board also determined that new and material evidence had not been received and therefore declined to reopen previously denied claims for benefits for right ear hearing loss and right knee arthritis.

Relevant to the matters on appeal,on August 11,2016,the RO (1)granted benefits for left ear hearing loss (noncompensable);(2)declined to reopen the appellant's claims for benefits for right ear hearing loss and a right knee disability,finding that new and material evidence had not been submitted;and (3) denied benefits for a lumbar spine condition,a left knee condition,PTSD, bilateral peripheral neuropathy of the lower extremities,and tension headaches.

2(a), [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, 38 U.

New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened,and must raise a reasonable possibility of substantiating the claim.

3 The Board's determination of whether new and material evidence has been submitted is a finding of fact,which the Court reviews for clear error.

A finding of fact is clearly erroneous when the Court,after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed.

As with any material issue of fact or law,the Board must provide a statement of the reasons or bases for its determination adequate to enable a claimant to understand the precise basis for the Board's decision,as well as to facilitate review in this Court.

Right Ear Hearing Loss The appellant first argues that the Board erred in finding that he had not submitted new and material evidence sufficient to reopen his claim for benefits for right ear hearing loss.