BVA Case 09-0610: Depression

ANALYSIS A Board determination of the appropriate degree of disability under the rating code is a finding of fact subject to the clearly erroneous standard of review.

A finding of fact is clearly erroneous when the Court,after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed.

The Board must provide a statement of the reasons or bases for its determination,adequate to enable an appellant to understand the precise basis for the Board's decision as well as to facilitate review in this Court.

To comply with this requirement,the Board must analyze the credibility and probative value of the evidence,account for the evidence it finds persuasive or unpersuasive,and provide the reasons for its rejection of any material evidence favorable to the claimant.

rating and argued that he was entitled to a 60%disability rating from December 21,1998,the date the Board determined a higher disability rating was warranted.

An appellant must provide support for arguments raised on appeal.

at 36,1256-57),the Board concluded that the evidence fails to indicate that the veteran has more than subjective complaints of radiation of pain into the right lower extremity or that the veteran's disc disease had progressed to the point where he had little intermittent relief.

He asserts that the Board failed to provide an adequate statement of reasons or bases to explain why such a reduction is not severe under DC 5292.