Jensen v. Brown

HOLDAWAY, Associate Judge:

Appellant is seeking service connection for aggravation he avers he incurred in service to a back condition (kyphosis) that preexisted his service. Appellant argues that in determining whether “new and material” evidence had been submitted that would require reopening his previously denied claim, the Board of Veterans’ Appeals (BVA or Board) failed to consider the “evi-dentiary presumptions” arising from the aggravation to his back that he alleges was incurred incident to combat. See 38 C.F.R. § 3.306(b)(2) (1992). The Court, sua sponte, raised an additional issue of…