BVA Case 91-1082: Psychiatric

The Board concluded that there was no evidence of MS in service or within the seven-year period for establishing service connection for MS on a presumptive basis (see 38 U.

In an April 1989 decision, the RO concluded that there was no new and material evidence to reopen the MS service-connection claim finally denied by the BVA in 1984.

In its April 19, 1991, decision here on appeal, the BVA concluded: "The evidence submitted since the prior [BVA] decision, while new and material, does not establish a new factual basis warranting a grant of service connection for multiple sclerosis.

Rather, he asserts that the Board may exercise only appellate jurisdiction to decide issues that had previously been decided by the RO, and that, because the RO had concluded that there was no new and material evidence to reopen his MS claim, the Board's inquiry on appeal should have been limited to determining whether he had submitted new and material evidence.

He contends that, once the Board determined, contrary to the RO, that new and material evidence had been presented, it was required to remand the matter to the RO with instructions to readjudicate the claim on the basis of all the evidence, both old and new.

§ 5108 (West 1991), the Secretary must reopen a previously and finally disallowed claim when "new and material evidence" is presented or secured with respect to that claim.

First, it must determine whether the evidence presented 5 or secured since the prior final disallowance of the claim is "new and material".

In determining whether evidence is new and material, "the credibility of the evidence must be presumed.