BVA Case 09-0929: Back

Likins's symptomatology relating to plantar fasciitis was not related to cold exposure in service,but that his sensitivity with associated parathesias and numbness is secondary to the cold injury which he suffered while in Germany in 1955.

In October 2003,the Board found that the clinical evidence of record did not demonstrate that Mr.

7104(d)(1),for its denial of service connection for residuals of a bilateral foot injury due to cold weather exposure: First,he contends that the Board failed to provide an adequate statement of reasons or bases for concluding that the statements and testimony of the appellant were less than credible.

2 Second,the appellant also argues that the Board's finding that 2 Because the appellant does not present any argument directed to VA's duty to assist,the Court considers the appellant to have abandoned any duty-to-assist argument on appeal.

6 his current foot disability was not service connected was clearly erroneous because the Board improperly substituted its judgment for the favorable uncontroverted medical examiners'opinions of record and improperly rejected evidence in his favor.

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

The credibility of the appellant is critical in this case because the majority of evidence presented in the appellant's favor,including all the medical nexus opinions of record,is derived solely from the appellant's testimony and statements as to the asserted in-service occurrence of frostbite.

Establishing service connection generally requires medical or,in certain circumstances, lay evidence of (1)a current disability; (2)an in-service incurrence or aggravation of a disease or injury;and (3)a nexus between the claimed in-service disease or injury and the present disability.