BVA Case 93-1013: Back

The Board held that appellant had not submitted new and material evidence since a May 4, 1990, VA letter informing him that he was ineligible for VA benefits because the Department of the Army could not verify his service with the Philippine Commonwealth Army, the United Stated Armed Forces in the Far East, or recognized guerrilla forces.

By letter dated February 4, 1992, the VA regional office (RO) informed appellant that there was no basis for reopening his claim because he had not submitted new and material evidence.

The Board issued a decision on March 31, 1993, which remanded the matter to the RO to determine whether appellant had submitted new and material evidence sufficient to reopen his claim.

The RO determined that new and material evidence had not been presented or secured.

Similarly, the Board determined that appellant had submitted new but not material evidence, and thus denied reopening of appellant's claim pursuant to 38 U.

Although VA has an obligation to assist a claimant in developing the facts pertinent to a well-grounded claim, to give a claimant the benefit of the doubt, and to render a decision which grants every benefit which can be supported in law while protecting the interests of the government, 38 C.

In his brief in this Court and his correspondence with the VA, appellant argues for a reversal on the ground that the Secretary breached his duty to assist under 38 U.

The Secretary, in turn, urges this Court to affirm the Board's decision that appellant did not submit new and material evidence to warrant reopening of his claim under 38 U.