Citation Nr: 22015503 Decision Date: 03/17/22 Archive Date: 03/17/22 DOCKET NO. 20-06 214 DATE: March 17, 2022 ORDER New and material evidence not having been received, the application to reopen the claim of service connection for cerebellar ataxia is denied. New and material evidence not having been received, the application to reopen the claim of service connection for peripheral neuropathy (PN) of the upper and lower extremities is denied. FINDINGS OF FACT 1. The Veteran served on active duty from July 1966 to June 1970; he died in January 2022; the appellant is his surviving spouse and has been properly substituted in the claim. 2. Service connection for cerebellar ataxia was denied in 2014, 2016, and 2017; the Veteran did not appeal, and those decisions became final. The evidence submitted since the last final denial in 2017 does not relate to an unestablished fact necessary to substantiate the claim. 3. Service connection for PN of the upper and lower extremities was denied in 2016 and 2017; the Veteran did not appeal, and those decision became final. The evidence submitted since the last final denial in 2017 does not relate to an unestablished fact necessary to substantiate the claim. CONCLUSIONS OF LAW 1. The 2014, 2016, and 2017 rating decisions, which denied service connection for cerebellar ataxia, are final. 38 C.F.R. § 7105 (2012); 38 C.F.R. § 20.1103 (2021). 2. New and material evidence has not been received to reopen the claim of service connection for cerebellar ataxia. 38 U.S.C. §§ 1110, 5107, 5108 (2012); 38 C.F.R. §§ 3.102, 3.156, 3.159 (2021). 3. The 2016 and 2017 rating decisions, which denied service connection for PN of the upper and lower extremities, are final. 38 C.F.R. § 7105 (2012); 38 C.F.R. § 20.1103 (2021). 4. New and material evidence has not been received to reopen the claim of service connection for PN of the upper and lower extremities. 38 U.S.C. §§ 1110, 5107, 5108 (2012); 38 C.F.R. §§ 3.102, 3.156, 3.159 (2021). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Prior unappealed rating decisions may not be reopened absent the submission of new and material evidence warranting revision of the previous decision.38U.S.C. §5108; 38C.F.R. §3.156. "New" evidence means evidence "not previously submitted to agency decisionmakers." "Material" evidence means "evidence that, by itself or when considered with previous evidence of record, related to an unestablished fact necessary to substantiate the claim." 38 C.F.R. § 3.156(a). In order to be considered "new and material" evidence, the evidence must not be cumulative or redundant, and "must raise a reasonable possibility of substantiating the claim," which has been found to be enabling, not preclusive. See Shade v. Shinseki, 24 Vet. App. 110 (2010). When determining whether the claim should be reopened, the credibility of the newly submitted evidence is to be presumed. Justus v. Principi, 3 Vet. App. 510, 513 (1991). In 2014, September 2016, and November 2016, the Regional Office (RO) denied claims of service connection for cerebellar ataxia. The Veteran did not appeal, and those decisions became final. In 2016, the RO denied a claim of service connection for PN of the upper and lower extremities. He did not appeal, and that decision became final. In March 2017, the RO denied service connection for cerebellar ataxia and PN of the upper and lower extremities due to a lack of an in-service incurrence. The evidence at the time included clinical records and service treatment records (STRs). The Veteran did not appeal, and that decision became final. The evidence received since the prior final denial consists of clinical records and lay statements. While clinical records showed diagnoses of PN and ataxia, they did not show an in-service incurrence that caused the Veteran to develop PN or ataxia. Therefore, the medical evidence does not support claims to reopen. As to the Veteran's lay statements, these statements essentially duplicated his contentions all along. As the RO had previously considered the nature of his contentions, this evidence is not "new" as required under the applicable regulatory and statutory provisions. In sum, the evidence does not show that PN of the upper and lower extremities or ataxia began in service. Therefore, the applications to reopen the claims for service connection are denied. Finally, the appellant has not raised any other issues, nor have any other issues been reasonably raised by the record for the Board's consideration. See Doucette v. Shulkin, 28 Vet. App. 366, 369-370 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record). L. HOWELL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Ragofsky, Associate Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.