BVA Case 11-2361: Back

The Board denied the appellant's claim in an August 11,2009,decision.

247,252 (1999)(establishing service connection generally requires medical or,in certain circumstances,lay evidence of (1)a current disability;(2)incurrence or aggravation of a disease or injury in service;and (3)a nexus between the claimed in-service injury 3 or disease and the current disability).

In addressing the second requirement,the Board found the appellant's lay statements to be competent and credible evidence that he was exposed to noise in the military.

However,the Board denied the appellant's claim because the the only etiology opinion of record did not satisfy the third Hickson requirement �medical nexus.

The Board also concluded that the preponderance of the evidence was against the appellant's claim and, therefore,found the doctrine of reasonable doubt inapplicable.

VA's Duty To Assist The appellant argues that the Board clearly erred when it found the January 2011 VA examination adequate and failed to provide an adequate statement of reasons or bases for finding VA's duty to assist fulfilled in light of the VA examiner's inconclusive opinion.

The Secretary's duty to assist 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.

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