BVA Case 22-0960: Ptsd

Later that month,VA simply found that no new and material evidence was submitted to reopen a previously denied head injury claim.

On May 14,2002,VA denied a request to reopen the claims for residuals,left clavicle fracture and cervical spine injury,because of a lack of new and material evidence.

On September 4,2007,VA denied a request to reopen the claim for service connection for degenerative bone disease (previously claimed as cervical spine injury), because of a lack of new and material evidence.

On August 29,2015, VA denied a request to reopen the claim for service connection for cervical spine injury, because of a lack of new and material evidence.

The Board found that the August 2015 rating decision, which had denied the request to reopen the claim for 3 Neither the Supplemental claim application nor the July 2018 examination report is contained in the record of proceedings.

Though the appellant asserted that he first filed a claim for a neck disability in 1996 and that the 1997 rating decision did not become final because of the submission of new and material evidence within 1 year of the decision, the Board noted that new and material evidence would have to tend to show a nexus between the disability and service.

The Board found that the critical question � is whether,at any time following the August 2015 decision and prior to March 22,2020,VA received a formal claim seeking service connection for a neck disability.

The Board concluded that VA had not received such a claim during that period, as the April 2018 formal claim referred only to a back injury and did not indicate an intent to seek service connection for a neck disability.