BVA Case 95-199: Anxiety

STEINBERG, Judge : The pro se appellant, veteran YU, appeals a September 1, 1992, Board of Veterans' Appeals (Board or BVA) decision that determined that new and material evidence had not been presented to reopen previously and finally disallowed claims for Department of Veterans Affairs (VA) service connection for residuals of scarlet fever and for a psychiatric disorder.

In a November 28, 1986, BVA decision, the Board denied the hemorrhoid-related temporary-total-rating and rating- increase claims.

An October 15, 1990, RO decision determined that no new and material evidence had been presented to reopen previously and finally disallowed claims for a nervous disorder and residuals of scarlet fever.

On September 16, 1991, the hearing officer determined that no new and material evidence had been presented to reopen the veteran's claims for service connection for a nervous disorder as secondary to treatment in service and residuals of scarlet fever.

In the September 1, 1992, BVA decision here on appeal, the Board determined that new and material evidence had not been presented to reopen previously and finally disallowed claims for service connection for residuals of scarlet fever and a psychiatric disorder.

The Secretary must reopen a previously and finally disallowed claim when new and material evidence is presented or secured.

The first step involves a determination as to whether the evidence presented or secured since the last final disallowance of the claim is new and material.

the Board has determined that newly presented evidence is cumulative of previously considered evidence and thus is not 'new' for purposes of reopening a claim, that should end the Board's analysis of whether the evidence is 'new and material'.