BVA Case 96-179: Ptsd

Laruan, appeals a February 9, 1996, decision of the Board of Veterans' Appeals (BVA or Board) which concluded that new and material evidence had not been submitted to reopen his claim of entitlement to veterans benefits.

Upon consideration of the briefs of the parties and the record on appeal, the Court holds that the appellant has failed to establish the requisite threshold status as a veteran by a preponderance of the evidence.

In the February 1996 decision here on appeal, the Board concluded that new and material evidence had not been submitted to reopen his claim of eligibility for veteran's benefits.

The Board found that the submitted documents were inherently untrue when viewed with all evidence of record, and further that his claims of mental illness resulting from a head injury were incredible, given that the earlier medical records and affidavits make no mention of such a disorder.

Laruan has failed to establish basic eligibility for VA benefits by a preponderance of the evidence.

Edenfield and Sarmiento In Sarmiento, the Court vacated a BVA decision which had found that the appellant had not submitted new and material evidence sufficient to reopen his claim for entitlement to VA benefits.

Sarmiento argued that the Secretary had breached his duty to assist as found in section 5107(a), title 38, United States Code.

The Board's refusal to reopen for lack of new and material evidence cannot be affirmed because there simply was no finally denied claim which could be reopened under 38 U.