BVA Case 13-1865: Ptsd

In the second decision on appeal (Decision 2),the Board denied Mr.

Service-Connection Claims 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.

A finding of service connection,or no service connection,is a finding of fact reviewed under the clearly erroneous standard 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.

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.

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.

This determination is reviewed by the Court under the clearly erroneous standard of review.

This is a classic factual assessment, involving the weighing of facts, and the Board's findings are subject to the 'clearly erroneous' standard of review.