The Veteran's application to reopen his claim for service connection for a psychiatric disability, including PTSD, was denied as new and material evidence had not been received.,A reduction in the rating of right lower extremity radiculopathy from 10% to 0% was void ab initio, and the original 10% rating is restored effective June 9, 2014.
The deciding factor: The new evidence did not raise a reasonable possibility of substantiating the claim as it continued to reflect the Veteran's reports of stressors related to military service without showing any psychiatric diagnosis.,The reduction in rating was void ab initio due to lack of proper notice and procedures.
- Claimed conditions
- {"condition_name":"Psychiatric disability, to include PTSD"}, {"condition_name":"Right lower extremity radiculopathy"}, {"condition_name":"Left lower extremity peripheral neuropathy"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2019
- Citation
- 19101225
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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