BVA Case 09-1386: Depression

He argues that VA failed in its duty to assist because May 2006 VA examination he was provided for his hypertension claim was inadequate, because the VA failed to obtain records from the Social Security Administration (SSA)and the U.

5103A(d),the Secretary's duty to assist includes,in appropriate cases, providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim.

121,124 (1991)(holding that remand is appropriate where the Board relied on an inadequate examination report);38 C.

Whether a medical examination report is adequate is generally a finding of fact that the Court reviews under the clearly erroneous standard of review.

The Board denied the appellant's hypertension claim because there is no competent lay or medical evidence of hypertension during service and,in fact,the preponderance of the medical 2 evidence weighs against linking this disability to a service-connected disability.

Failure To Obtain Records The Secretary's duty to assist the appellant in obtaining evidence necessary to substantiate his claim includes making reasonable efforts to obtain all potentially relevant records that the appellant adequately identifies and authorizes the Secretary to obtain.

96,102 (2005)(VA's duty to assist includes making efforts to obtain relevant records that the appellant has adequately identified).

The legal standard for relevance requires VA to examine the information it has related to medical records and if there exists a reasonable possibility that the records could help the veteran substantiate his claims for benefits,the duty to assist requires VA to obtain the records.