BVA Case 20-2915: Ptsd

The RO found no diagnosed respiratory condition,no 2 undiagnosed illness or medically unexplained chronic multisymptom illness,no nexus between the appellant's OSA and military service,and no undiagnosed sleep disturbance.

He contends that he is unable to hear as well as when he was younger, which he also attributes to military service,and asserts that the Board erred by failing to afford him the benefit of the doubt.

2(a)(2021), [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.

Further,establishing that a disability is service connected for purposes of entitlement to VA disability compensation generally requires medical or,in certain circumstances,lay evidence of (1)a current disability, 4 (2)incurrence or aggravation of a disease or injury in service,and (3)a nexus between the claimed in-service injury or disease and the current disability.

Whether the record establishes entitlement to service connection and whether new and material evidence has been submitted are findings of fact, which the Court reviews under the clearly erroneous standard of review.

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.