BVA Case 09-4211: Back

The challenged Board decision further determined that new and material evidence had not been received to reopen a claim of entitlement to service connection for a torn lateral meniscus of the right knee.

Left Arm Nerve Damage The appellant contends that the Board erred in denying service connection for left arm nerve damage.

Specifically,he argues that the Board failed to take into account nerve damage from surgery overseas by the USMC and by VA.

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.

A finding of service connection,or no service connection,is a finding of fact reviewed under the clearly erroneous standard in 38 U.

A factual finding 'is clearly erroneous when although there is evidence to support it,the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.

The Board noted the appellant's complaints of left arm pain but determined that the more probative evidence of record indicates that those symptoms are related to remnants of damage of the ulnar nerve at the elbow.

The Board ultimately relied upon a negative nexus opinion provided in a 2005 VA examination to conclude that subjective symptoms noted were most likely related to the ulnar nerve abnormality noted at the elbow,and cannot be attributed to the wrist or shoulder conditions.