BVA Case 12-1043: Back

Finally,the Board found that the appellant's bilateral knee and left ankle conditions were not etiologically related to his active duty military service.

2 The Board ultimately denied the appellant's bilateral knee and bilateral ankle service-connection claims,stating that a preponderance of the evidence weighed against them.

ANALYSIS Generally,establishing service connection on a direct basis 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 Board's determination of service connection is a finding of fact that the Court reviews under the clearly erroneous standard of review.

49,52 (1990)(when applying the clearly erroneous standard,if, after reviewing the record in its entirety,the Court determines that the Board's finding of fact is supported by a plausible basis, 'the [Court] may not reverse it even though convinced that had it been sitting as the trier of fact,it would have weighed the evidence differently.

To comply with this requirement,the Board must analyze the credibility and probative value of the evidence,account for the evidence that it finds to be persuasive or unpersuasive,and provide the reasons for its rejection of any material evidence favorable to the claimant.

Here,the Board found that the record does not contain affirmative evidence,for example,treatment records,attributing his knee and ankle disabilities to service.

Board's Discussion of Favorable Evidence The appellant further asserts that the Board failed to consider favorable evidence of record.