BVA Case 03-2135: Back

innitus (a noise in the ears such as ringing, buzzing, roaring, or clicking), and (3) found that no new and material evidence had been presented to reopen his service- connection bilateral hearing loss claim.

In November 1994, the RO denied awarding him compensable-service connection for his right-ear fungal infection and determined that no new and material evidence had been presented to reopen his previously denied claim for bilateral hearing loss.

The examiner also noted that, in his medical opinion, the veteran's subacute bacterial endocarditis he suffered from in 1974 is not related to [the] fungal infection he suffered from during the military in 1945.

In February 2001, the RO denied his service-connection claim for his valvular heart condition, endocarditis and tinnitus and also found that no new and material evidence had been submitted to reopen his previously denied service-connection claim for bilateral hearing loss.

5103(a) by not informing the veteran that he needed to submit a nexus medical opinion linking his endocarditis to his in-service ear condition and failed to inform him of the requirements for new and material evidence, (3) the Board failed to properly apply the equipoise standard as required under 38 U.

5107(b) with regard to his heart- condition claims, and (4) the Board failed to provide an adequate statement of reasons or bases pursuant to 38 U.

159(c) provides in pertinent part: (c) VA's duty to assist claimants in obtaining evidence .

In its August 2003 decision on appeal, the Board concluded that the Secretary had satisfied his duty-to-assist requirements on the grounds that [t]he evidence provides a complete basis for addressing the merits of the veteran's claim.