BVA Case 10-3161: Depression

at 456),and in April 2006,the RO advised him that the November 2005 rating decision was not final because the appeal period had not expired but that he needed to submit new and material evidence that raised a reasonable possibility of substantiating his claim (R.

In August 2010,the Board denied entitlement to service connection for a back disability.

The Secretary's duty to assist a claimant includes providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim.

The duty to assist also requires a thorough and contemporaneous medical examination that considers prior medical examinations and treatment to complete the record.

1,12 (2001)(emphasizing Board's duty to return inadequate examination report).

This Court has held that once the Secretary undertakes the effort to provide an examination when developing a service-connection claim,even if not statutorily obligated to do so,he must provide an adequate one.

Whether a medical opinion is adequate is a finding of fact,which the Court reviews under the clearly erroneous standard.

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.