BVA Case 19-7388: Back

In May 2009,the Board denied service connection for right and left knee disabilities, finding that the appellant's current disabilities were bilateral patellofemoral syndrome and chondromalacia,and that the appellant's STRs showed knee pain in both knees during service.

The Board denied the claims for a lack of nexus between the current disabilities and the appellant's active service.

In January 2015,the RO declined to reopen the claims because the evidence submitted was not new and material.

On August 22,2018, the Board declined to reopen the appellant's right and left knee disability claims,finding no new and material evidence had been submitted.

New and Material Evidence For the purpose of reopening claims that the RO decided before February 19,2019, new and material evidence is defined as follows: 2 New evidence means existing evidence not previously submitted to agency decision makers.

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.

156(a) does not require new and material evidence as to each previously unproven element of a claim ;instead, it compels reopening whenever a claimant submits new and material evidence as to an unestablished fact from the previously denied claim.

The Board's assessment of whether new and material evidence has been received is reviewed for clear error.