BVA9507896 DOCKET NO. 93-05 631 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Juan, Puerto Rico THE ISSUE Whether new and material evidence has been submitted to reopen a claim for entitlement to service connection for a psychiatric disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Heather J. Harner, Associate Counsel INTRODUCTION The veteran served on active duty from January 1953 to December 1954. This appeal to the Board of Veterans' Appeals (Board) arises from a February 1992 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, Puerto Rico. Service connection was originally denied by the RO in July 1961 and by the Board in December of the same year. The veteran has attempted to reopen the claim numerous times throughout the intervening years. In fact, attempts to reopen the same claim have been denied by the Board twice in decisions dated in August 1961 and October 1980. The veteran has once again attempted to reopen his claim by the submission of new and material evidence. As noted above, the RO denied the attempt to reopen by rating decision of February 1992. This appeal ensued. The veteran has recently raised claims for entitlement to aid and attendance and house bound benefits for pension purposes. As these issues have not been developed for appellate review, we have no jurisdiction over them and refer them to the RO for initial adjudication. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends service connection is warranted for a psychiatric disorder. He has submitted evidence which he claims is new and material; and he asks us to reopen his claim and review it on a de novo basis, considering all the evidence of record. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the veteran has not submitted new and material evidence to reopen a claim for entitlement to service connection for a psychiatric disorder. FINDINGS OF FACT 1. Service connection for a psychiatric disorder was denied by the Board in December 1961. 2. Evidence submitted subsequent to the December 1961 decision restates evidence previously presented. CONCLUSION OF LAW The claim for entitlement to service connection for a psychiatric disorder has not been reopened by the submission of new and material evidence. 38 U.S.C.A. §§ 1110, 5107, 5108, 7104 (West 1991); 38 C.F.R. § 3.156 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION The veteran's claim is well grounded in that he has submitted a claim which is plausible. The Board concludes the VA has met its statutory duty to assist the veteran in the development of his claim, and that no further assistance is required to satisfy the provisions of 38 U.S.C.A. § 5107 (West 1991). A final decision cannot be reopened unless new and material evidence is presented. 38 U.S.C.A. § 5108 (West 1991). For evidence to be new and material, it must be demonstrated not only that the evidence has not been previously considered, but that when considered, with all the evidence, both new and old, it would raise the reasonable possibility of a favorable outcome. 38 C.F.R. § 3.156 (1993); Smith v. Derwinski, 1 Vet.App. 178 (1991). For this purpose, the credibility of evidence, although not its weight, is to be presumed. Justus v. Principi, 3 Vet.App. 510 (1992). The most recent final decision addressing the merits of the veteran's claim (i.e., entitlement to service connection for a psychiatric disorder rather than whether new and material evidence has been presented to reopen the claim for service connection) is the Board decision dated in December 1961. In making that decision, the Board considered the veteran's service medical records as well as reports of clinical treatment following the veteran's discharge from service, and the veteran's contentions. The Board held that although the veteran had been discharged from service for a schizoid personality disorder which rendered him unsuitable for service; a personality disorder is considered a developmental condition and thus cannot be service- connected. While the veteran later manifested an acquired psychiatric disorder six years following his discharge from service, this disorder developed at a time too far removed from service to receive service connection. Thus, any evidence which could raise the reasonable possibility of a favorable outcome would have to tend to show that any acquired psychiatric disorder actually became manifest during service or is otherwise attributable to service. Since the most recent final rating decision, the veteran and his wife submitted copies of medical treatment records reflecting recent medical treatment for the veteran's psychiatric disability and other unrelated physical disabilities. These reports of treatment contain information regarding the administration of medications and notations indicating his mental status at the time of treatment. The reports do not contain information about the etiology of the disability or facts or medical opinions regarding the time of onset of the veteran's disability. Treatment records reflecting only current treatment and containing no information relevant to the issue of whether service connection is warranted do not constitute new and material evidence because they do not create a reasonable possibility that when viewed together with all the evidence the outcome will change. Cox v. Brown, 5 Vet.App. 95 (1993). The veteran and his wife have also submitted numerous written contentions for our review regarding the current financial hardships imposed by the veteran's psychiatric disability and other physical impairments. These contentions cannot constitute new and material evidence as they are not relevant to the issue of entitlement to service connection for a psychiatric disorder since they do not address the etiology of the veteran's psychiatric disability or the time of onset of the veteran's current disability. Any contentions proffered by the veteran and his wife regarding their own estimates of the time of onset of the veteran's current disability are both cumulative of the contentions considered by the original Board decision denying service connection and irrelevant as the veteran and his wife, as laypersons, are not competent to present opinions on medical questions. Espiritu v. Derwinski, 2 Vet.App. 492 (1992). Lastly, the veteran and his wife have resubmitted copies of the veteran's service medical records and copies of other documentary evidence which has been contained in the veteran's claims file since the original claim was filed. These copies cannot constitute new and material evidence as they were considered in the original decisions denying service connection. ORDER New and material evidence not having been submitted, the claim for entitlement to service connection for a psychiatric disorder remains denied. JOHN E. ORMOND Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.