BVA Case 12-2187: Back

Morgan's current hearing loss was less likely as not related to or caused by in-service noise exposure.

The audiologist further opined that hearing loss was less likely than not related to an in-service head injury because a postservice 1967 examination showed hearing within normal limits.

In May 2009,the Board found new and material evidence to reopen the respiratory condition claim and remanded the matter for a VA examination.

Morgan's left knee condition was less likely as not related to the in-service MVA because (1)there was no evidence of fracture in the left knee joint;(2)no documentation of injury to the knee joint was shown at the time of the accident;(3) current x-ray results showed only mild degenerative changes of patellofemoral joints in both knees, and (4)the scar on the left knee was superficial and .

The examiner diagnosed minimal degenerative arthritis of the hips,post-traumatic degenerative joint disease of the left shoulder,early degenerative joint disease of the left hand,plantar fasciitis,and mild degenerative joint disease (DJD)of the left knee and concluded that these were not related to military service.

The examiner opined that these conditions were likely not related to service because there was no documentation of the conditions during service and no documentation of post-traumatic MVA []bony injury.

Whether service connection is warranted is a finding of fact reviewed under the clearly erroneous standard set forth in 38 U.

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.