BVA Case 13-1123: Back

1 The Board decision also found that there was new and material evidence to reopen the appellant's claim for bilateral hearing loss and granted disability compensation for bilateral hearing loss.

In it,the Board found that it had fulfilled its duty to assist and no medical examination was necessary for the appellant's skin condition because there was no competent evidence showing a nexus between any incident of service and the disorder at issue.

The Board denied the appellant's claim for a skin disorder finding the preponderance of the evidence to be against the award of service connection for a skin disability.

Additionally,the Board noted that the appellant did not submit a claim for a skin disorder when he filed a claim for other conditions and that this omission weighed against him having a chronic skin condition.

Further,the appellant argues that the Board failed to explain its decision in not obtaining a VA examination.

The Secretary's duty to assist requires that he provide a VA medical examination to a claimant when there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability;(2) evidence establishing that an event, injury,or disease occurred in service or,for certain diseases,manifestation of the disease during an applicable presumptive period; and (3)an indication that the disability or persistent or recurrent symptoms of the 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.

3 As an initial matter,when considering whether the Board erred when it found that the appellant was not entitled to a medical examination for his skin condition,the Court notes that the Board applied an incorrect standard in its McLendon analysis.

In determining that a medical examination was not warranted,the Board stated that the record did not reflect competent evidence showing a nexus between any incident of service and the disorder at issue.