BVA Case 13-3414: Back

SCHOELEN, Judge :The pro se appellant, Arturo Ramirez , appeals a September 19,2013, Board of Veterans'Appeals (Board)decision in which the Board denied his claims for disability compensation for (1)bilateral hearing loss,(2)a lumbar spine disorder,(3)a bilateral hip disorder, (4)a right hip scar, and (5)otalgia (ear pain), to include as secondary to bilateral hearing loss, service-connected tinnitus,or both,and (6)recurrent infections,to include as caused by Agent Orange exposure.

In September 2004,the appellant underwent VA audiological and orthopedic examinations that resulted in negative medical nexus opinions.

A March 2009 rating decision denied service connection for infections and otalgia and found new and material evidence had not been submitted to warrant reopening the previously denied claims.

VA examinations conducted in April 2013 resulted in negative nexus medical opinions for all the appellant's claims.

In the September 2013 decision on appeal, the Board found that the duty to assist had been satisfied and,relying on the April 2013 medical opinion, denied the appellant's claims.

ANALYSIS A finding of service connection is a finding of fact that the Court reviews under the clearly erroneous standard.

A finding of fact is clearly erroneous when the Court,after reviewing the entire evidence, is left with a 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 persuasive or unpersuasive,and provide the reasons for its rejection of any material evidence favorable to the claimant.