BVA Case 11-0325: Back

Levario appears to argue that the Board's determinations that he was not entitled to VA benefits for a left knee disability,sling palsy,and trauma to the left side of the waist were clearly erroneous and not supported by an adequate statement of reasons or bases.

Levario asserts that the Board erred because it (1)ignored evidence of his current disabilities;(2)did not consider whether those disabilities were caused or aggravated by his service-connected bilateral plantar fasciitis;(3) failed to identify a VA medical examination or opinion that satisfied VA's duty to assist;and (4)failed to ensure compliance with the Board's April 2009 remand order.

Current Disability Service connection for VA disability compensation purposes is established when the record before the Secretary contains lay or medical evidence of (1)a current disability,(2) incurrence or aggravation of a disease or injury in service,and (3)a nexus between the in-service injury or disease 4 In light of the numerous and somewhat ambiguous arguments advanced by Mr.

46,50 (1996),which the Court reviews under the clearly erroneous standard of review.

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.

Levario has failed to demonstrate that the Board's determination that he does not have a current left knee, shoulder,or waist disability was clearly erroneous,his arguments for secondary service connection must also fail.

Duty to Provide a VA Medical Examination VA's duty to assist includes providing a claimant with a medical opinion or examination when there is: (1)competent evidence of a current disability or persistent or recurrent symptoms of a disability,and (2)evidence establishing that an event,injury,or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies, and (3)an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran's service or with another service-connected disability,but (4)insufficient competent medical evidence on file for the Secretary to make a decision on the claim.

Levario does not articulate precisely how the Board failed to ensure compliance with the April 2009 remand order.