The Veteran's petition to reopen his claim for service connection for PTSD was denied because the new evidence submitted did not relate to an unestablished fact and lacked probative value.,The Veteran's petition to reopen his claim for service connection for a low back condition as secondary to the service-connected disability of the left knee injury status post arthroscopic surgery was also denied due to lack of material evidence.
The deciding factor: The new opinion from J.H.B., Ph.D. did not relate to an unestablished fact and lacked probative value because it relied on a stressor that is not credible.,The June 2016 VA medical opinion was negative evidence, which cannot serve as material evidence for reopening the claim.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Low Back Condition
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2020
- Citation
- 20008324
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
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