BVA Case 19-3104: Ptsd

In February 2000, the RO construed this as a request to reopen a claim for service connection for psychiatric conditions,including anxiety,depression,and schizophrenia,and declined to reopen the claim because new and material evidence had not been submitted.

After further proceedings,in March 2016 the Board denied an effective date earlier than March 18,1999,for schizophrenia.

Therefore,the Board found that the veteran had not appealed that decision and it became final.

Thus,the Board found that the March 1999 statement was not an NOD,that the December 1998 RO decision had therefore become final,and that the RO had instead properly interpreted his statement as a new claim for service connection for a psychiatric disorder.

In addition,the Board found that,although additional medical evidence had been submitted from 1991 to 1999,this evidence was not material because it did not relate to an unestablished fact necessary to substantiate the claim;rather,it only showed that the veteran continued to have current psychiatric diagnoses.

But,the Board concluded that there had been no submissions between October 1996 and March 1999 that could be interpreted as a claim for benefits or evidence substantiating an element missing from the October 1996 decision.

In the January 2019 decision on appeal,the Board found no CUE in the March 2016 Board decision that denied an effective date earlier than March 18,1999,for schizophrenia.

Duty to Assist Arguments and Disagreements with VA's Weighing of Evidence Initially,the Court notes that Mr.