BVA Case 09-3727: Depression

Lay Testimony The appellant argues that the Board failed to consider credible lay evidence with regard to his service-connection claims for left knee disability,depression,back pain,tinnitus,and hearing loss.

303(b)(2010),continuity of symptomatology may be established if a claimant can demonstrate (1)that a condition was noted in service,(2)there is postservice evidence of the same symptomatology,and (3)medical or, in certain circumstances,lay evidence of a nexus between the present disability and the postservice symptomatology.

Review of the decision on appeal also reveals that the Board found that the appellant was not competent to opine on the issue of whether his current left knee disability was related to service or to his service-connected right foot condition because the relationship involved a question of medical causation that the appellant was not competent to answer based on education, training,or experience.

For the same reason,the Board found that the appellant was not competent to opine on the issue of whether his current depression was related to his service-connected residuals.

While the Board found the appellant was competent to describe exposure to loud noise during service as a metal worker and considered the appellant's statements that he has had tinnitus for years, the Board found no in-service records showing complaints or treatment for tinnitus during service or for many years after.

The Board found the absence of medical evidence of continuity of symptomatology outweighs the Veteran's statements of continuity.

488, 496 (1997)( [I]n a merits context the lack of evidence of treatment may bear on the credibility of the evidence of continuity.

As for the appellant's back pain,the appellant contends that the Board found the appellant's lay statements regarding continuity of low back symptomatology not credible because the statements were not corroborated by contemporaneous medical evidence, contrary to Buchanan ,451 F.