BVA Case 98-1913: Psychiatric

A November 1989 RO decision and a February 1990 RO decision both concluded that the veteran had not submitted new and material evidence to reopen his previously and finally disallowed claim for service connection.

In April 1990, the RO issued a Statement of the Case (SOC) noting that no new and material evidence has been received to reconsider service connection for chronic psychosis .

A September 1993 BVA decision determined that the veteran had submitted new and material evidence and granted service connection for an acquired psychiatric disorder.

The Board noted (1) that the evidence that was of record in 1954 suggests numerous diagnoses, including organic brain syndrome, alcohol abuse, schizoid personality and schizophrenia and (2) that, after the veteran's submission of additional medical records, the record as a whole now established that the psychiatric disorder noted within a year following his separation from service was schizophrenia .

The Board concluded: [T]he pertinent evidence currently of record is in equipoise as to whether there is a reasonable basis for concluding that the January 1992 VA examination report confirmed the veteran's claim that service connection was warranted for his schizophrenia and that such disability was totally disabling.

The Board further determined that the preponderance of the evidence is against the veteran's claim for entitlement to an effective date prior to July 31, 1989 and found no CUE in the May 1954 RO decision.

165 (2001) (en banc) (holding that VCAA has no application to allegations of CUE in prior Board decision where Board denied CUE claim on its merits); on the basis of that authority, he withdrew his previous recommendation for vacatur and remand for readjudication.

370, 374-75 (2001) (per curiam) (concluding that appellant represented by counsel may expressly waive consideration on appeal of VCAA duty to assist and notice rights).