BVA Case 10-2372: Depression

Folk ,appeals through counsel a September 28, 2009,Board of Veterans' Appeals (Board)decision in which the Board denied his claim for entitlement to service connection for a low back disorder claimed as herniated lumbar disc disease with left leg radiculopathy.

The examiner opined that a rollover motor vehicle accident is unlikely to cause a herniation or a long term sequela unless there was a fracture at that time, and therefore the 2 appellant's current back condition is less likely than not related to his in-service accident.

The Board determined that the appellant was treated during his service for low back pain,but did not demonstrate symptoms of a herniated lumbar disc until many years after service.

The Board concluded that there is no medical nexus between the appellant's current disability and his service.

Finally,the Board found that VA made reasonable efforts to obtain relevant records and evidence.

Therefore,he argues, the Board failed to provide an adequate statement of reasons or bases for its determination that VA satisfied its duty to assist.

Duty To Assist Essentially,the appellant's argument is that the record does not contain a number of identified records that are potentially relevant to his claim,and therefore the Board should have discussed those records in rendering its decision that the Secretary adequately fulfilled his duty to assist.

The Secretary has a duty to assist the appellant in obtaining evidence necessary to substantiate his claim,including making reasonable efforts to obtain all relevant records that the appellant adequately identifies and authorizes the Secretary to obtain.