BVA Case 20-3257: Back

LAURER, Judge : United States Army veteran Almon Haynes appeals,through counsel,a February 6,2020,Board of Veterans�Appeals (Board)decision determining that there was no new and material evidence to warrant reopening his service connection claim for a right shoulder disorder and denying service connection for (1)a chest disorder and (2)a right knee disorder,to include as secondary to a left knee disability.

1 The Secretary concedes that remand is warranted for the Board to provide adequate reasons or bases addressing whether appellant has submitted new and material evidence sufficient to reopen his claim for a right shoulder disorder.

The Board found that appellant submitted new and material evidence to reopen his service connection claims for (1)a neck disorder,(2)a right knee condition,to include as secondary to a left knee disability,and (3)migraines.

Board erred when it did not explain whether appellant had presented new and material evidence on the issue of current disability under Saunders v.

4 Because the evidence submitted by appellant was new and material,the Court finds that the Board clearly erred in concluding that appellant failed to meet the criteria for reopening his claim.

Addressing his claim for a chest disorder, appellant argues that the Board failed to consider Saunders and whether his reports of pain and stiffness could constitute a disability absent a diagnosis.

Right Shoulder Disorder VA will reopen a claim from a final decision if the veteran presents new and material evidence.

11 At bottom,new and material evidence cannot be the same evidence that was before VA previously and must raise �a reasonable possibility of substantiating the claim.