13-15 555, 13-15 555

Veteran served on active duty from June 1976 to August 1982 and filed for service connection for PTSD; an April 2004 RO rating decision denied service connection for PTSD for lack of a current diagnosis and was not appealed within one year.
The Veteran submitted additional evidence after April 2004 including VA treatment records showing a PTSD diagnosis/treatment, buddy statements describing a June 1978 forklift accident fatality stressor, and the Veteran’s own statements with stressor details and functional impact.
The RO denied an application to reopen in August 2012; the Veteran filed a timely NOD and perfected the appeal after an April 2013 SOC.
The Board recharacterized the PTSD claim as entitlement to service connection for an acquired psychiatric disorder pursuant to Clemons and held a videoconference hearing in April 2017 with the Veteran and spouse.
The Board found the post-2004 evidence to be "new and material," meeting the low threshold to reopen the previously denied claim, and granted reopening.
The Board remanded the matter for additional development: corroboration of the claimed stressor (identify the deceased servicemember), collection of private and outstanding VA medical records, and further adjudication with issuance of an SSOC if not granted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether new and material evidence was submitted to reopen a previously denied PTSD claim	Veteran: post-2004 evidence (VA treatment records diagnosing PTSD, buddy statements, Veteran statements) is new and could substantiate the claim	VA: prior April 2004 denial was final because not appealed within one year; reopening requires new and material evidence	Reopened: Board found evidence new and material and raised a reasonable possibility of substantiating the claim
Entitlement to service connection for an acquired psychiatric disorder	Veteran: symptoms and diagnosis support service connection; stressor corroboration can be pursued	VA: requires development to corroborate stressor and obtain records before adjudication on merits	Remanded: claim recharacterized to acquired psychiatric disorder and remanded for further evidentiary development

Bryant v. Shinseki, 23 Vet. App. 488 (Veterans Ct.) (colloquy and hearing procedures)
Clemons v. Shinseki, 23 Vet. App. 1 (Veterans Ct.) (claims should be read broadly to include symptoms regardless of label)
Shade v. Shinseki, 24 Vet. App. 110 (Veterans Ct.) (low threshold for reopening; consider alternative theories)
Justus v. Principi, 3 Vet. App. 510 (Veterans Ct.) (presumption of credibility for newly submitted evidence to reopen)
Evans v. Brown, 9 Vet. App. 273 (Veterans Ct.) (new evidence need only be probative of at least one element of the prior denial)
Hodge v. West, 155 F.3d 1356 (Fed. Cir.) (statutory/regulatory framework for reopening claims)
Kutscherousky v. West, 12 Vet. App. 369 (Veterans Ct.) (right to submit additional evidence after remand)