BVA Case 78-144: Anxiety

Real Board of Veterans' Appeals decision · March 31, 2006 · BOOKMARK

Outcome
Vacated / Remanded
Decision Date
March 31, 2006
Judge
BOOKMARK
Service Era
Not specified

Conditions Claimed

AnxietyBackHipSkinGiEye

Issues on Appeal

Service ConnectionEffective DateReopen

Why It Was Decided This Way

Wagner [ View ] [ Download ] [ Details ] Previous document | Next document had t presented new and material evidence to reopen his previously and finally denied claims Kent 04-181.

Kent , through counsel, appeals an October 8, 2003, Board of Veterans' Appeals (Board or BVA) decision that determined that he had not presented new and material evidence to reopen his previously and finally denied claims for service connection for psychogenic gastrointestinal reaction and psoriasis.

The RO also determined that the appellant had not submitted new and material evidence to reopen his claim for service connection for psychogenic gastrointestinal reaction.

On August 4, 1999, the RO determined that no new and material evidence had been submitted.

In April 2000, the RO determined that the appellant had not submitted new and material evidence to reopen his claims for service connection for psoriasis and psychogenic gastrointestinal reaction.

The April 2001 letter did not advise the appellant that he needed new and material evidence to reopen his claims.

On October 8, 2003, in the decision here on appeal, the Board concluded that the appellant had not submitted new and material evidence to reopen his claims for service connection for psoriasis and gastrointestinal psychogenic reaction.

In his brief, the appellant asserts that the Board did not provide an adequate statement of reasons or bases for its decision because it failed to consider and discuss whether recent changes in the interpretation of law pertaining to the presumption of soundness entitled him to a de novo readjudication of his claim for service connection for psychogenic gastrointestinal reaction.

Authorities Cited

Anglin v. WestBingham v. PrincipiCharles v. PrincipiCollaro v. WestCotant v. PrincipiCrowe v. BrownDingess v. NicholdsonFenderson v. WestHodge v. WestIn Routen v. WestJordan v. NicholsonJordan v. PrincipiMayfield v. NicholsonPelea v. NicholsonSee Caluza v. BrownSee Evans v. BrownSee Pelegrini v. PrincipiSee Quartuccio v. PrincipiSee Savage v. GoberSoyini v. DerwinskiSpencer v. BrownValiao v. PrincipiWagner v. Principi

Denial Type

No Nexus|Not New Material

Find Similar Precedent for Your Claim

VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.

Run my claim through VetAid →