BVA Case 22-7156: Ptsd

Reyes-Gonzalez's depression was not related to service and the RO denied service connection for PTSD based on insufficient evidence of an in-service stressor.

March 2011 Decision and Appeal In a March 2011 rating decision,the RO reopened the claim for PTSD based on the veteran's new contention that MST was the basis for the claim,but the RO continued to deny service connection for PTSD,finding no nexus to service.

The RO informed him that the appeal was untimely but explained that he could submit new and material evidence to reopen his claim.

He argued that the effective date of service connection for PTSD should be August 2008 because he submitted new and material evidence in the form of VA medical records within 1 year of the September 2009 rating decision, and thus 3 under 38 C.

156(b)because his August 2010 stressor statement,as well as VA mental health treatment records dated between May and June 2010,was new and material evidence that he suffered from MST and the RO did not explicitly address the new evidence.

August 2022 Board Decision In the August 2022 decision on appeal,the Board denied an effective date earlier than May 16,2013,for service connection for PTSD and TDIU.

The Board noted that the veteran initially filed an informal claim for service connection for PTSD on August 10,2008.

The Board noted that in September 2009,the RO denied the claim for service connection for PTSD and depression,finding that the record did not evidence an in-service stressor or event.