BVA Case 14-0751: Back

The examiner opined that the appellant's current symptoms were not related to his in-service injury.

In that decision,the Board noted that private treatment records dated October 19, 1998,indicate that x-rays were taken of the appellant's knees,but that the results of the x-rays,if done,were not of record.

5 In the November 2015 decision on appeal,the Board denied the appellant's claims for,among other things,entitlement to service connection for right and left knee disabilities.

Analysis 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.

The Secretary's duty to assist includes, in appropriate cases, providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim.

Although VA need not provide a medical examination in all cases, once the Secretary undertakes the effort to provide an examination when developing a service-connection claim,he must provide an adequate one.