BVA Case 200901-107174: PTSD

The Veteran was notified of the denial in an October 2016 letter and did not initiate an appeal or submit new and material evidence within one year.

Although notified of this decision by an October 2010 letter, the Veteran did not initiate an appeal or submit new and material evidence within one year of the rating decision.

In an October 2016 rating decision, the RO denied reopening of the claim because the evidence submitted was not new and material.

303 (b), are capable of service connection based on a continuity of symptomatology without respect to an established causal nexus to service.

The Board must analyze the competency and credibility of the evidence, account for the evidence which it finds to be persuasive or unpersuasive and provide the reasons for its rejection of any material favorable to the claimant.

Credibility is a factual determination - it involves deciding whether the testimony or other evidence is believable, and the determination is made after the evidence has been found competent.

When there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to the claimant.

Although the Veteran is competent to report observable symptomatology of her disorder and to relate a contemporaneous medical diagnosis, she is not competent to render a nexus opinion or attempt to present lay assertions to establish a nexus between her current rectus diastasis diagnosis and its relationship to her active service.