BVA Case 19-2253: Back

In March 2011,the VA regional office (RO) denied the claims for a skin condition and bilateral hearing loss, finding that they were not service connected.

In April 2015,the RO denied entitlement to service connection for bilateral hearing loss and declined to reopen the appellant's skin condition claim for failure to submit new and material evidence.

On December 17,2018, the Board denied the appellant's request to reopen his skin condition claim because evidence received since the March 2011 rating decision did not suggest a nexus relationship between the appellant's skin condition and his military service.

It further concluded that the March 2011 rating decision became final because the appellant did not appeal or submit new and material evidence within one year.

The Board also denied his bilateral hearing loss claim,again finding no evidence of a nexus between the appellant � s current hearing condition and his military service.

156(b) When a claimant submits new evidence during the appeal period before a VA decision becomes final,the claim remains pending until the Secretary determines whether such evidence is new and material.

When evidence is received during the appeal period, VA must provide a determination that is directly responsive to the new submission and [determine whether it constitutes new and material evidence]and that,until it does so,the claim at issue remains open.

However,once a VA decision is final,a claimant must submit new and material evidence in order to reopen the previously denied claim.