BVA Case 12-0603: Back

The Board noted that VA had not provided the appellant with a medical examination and opinion regarding whether his hip disorder is related to service (nexus opinion)to assist in evaluating the claim,but found that VA was not legally required to do so because the evidence did not meet the low threshold of indicating that the appellant's hip condition may be related to service.

The Board concluded that the preponderance of the evidence was against a finding of service connection for the appellant's hip disorder.

The appellant argues before the Court that the Board erred in (1)determining that a VA medical examination was not required,(2)determining that his lay assertions lacked credibility;(3) relying on its own unsubstantiated medical opinion;and (4)failing to discuss whether he was entitled to the special evidentiary rules for combat veterans contained in 38 U.

The appellant therefore asks the Court to vacate the Board's decision and remand the matter for VA to provide a medical nexus examination and readjudicate the claim.

ANALYSIS 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.

The appellant first argues that the Board erred in determining that VA was not obligated to provide him with a VA medical examination.

The Secretary has a duty to assist claimants in developing and obtaining relevant evidence needed to substantiate their claims.

For disability compensation claims,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.