BVA Case 20-8639: Ptsd

The RO also declined to reopen the previously denied claim for service connection for a low back condition based on the determination that the evidence submitted was not new and material.

In the August 2020 decision on appeal, the Board found that it was unnecessary to reopen the previously denied claim for service connection for a low back disability and remanded the service connection claim.

The Board noted the RO's prior denial of service connection in May 2009;the Board found that the Veteran has since submitted,in February 2017,a copy of a service treatment record (STR)dated in May 1991 that shows an assessed 'Mild lower back strain'injury ; the Board found that this STR was not of record at the time of the May 2009 rating decision;and the Board found that this STR sufficiently triggered reconsideration of the claim for service connection for a low back disability under 38 C.

The Board concluded: Given the submission of this new service department record,the Veteran's low back disability service connection claim must be reconsidered without regard to the previous denial.

Sansbury's two intents to file and his completed claim for service connection for PTSD;the Board concluded that under 3.

Sansbury's symptoms and resulting impairment;and concluded that the preponderance of the evidence was against an award of a rating higher than 50%.

The Low Back Disability A claimant may reopen a finally adjudicated legacy claim by submitting new and material evidence.

Here, the Board found it unnecessary to reopen the previously denied claim for service connection for a low back condition under 3.