BVA Case 14-2557: Back

With respect to his cervical spine disability,he contends that the Board misapplied the benefit of the doubt doctrine, mischaracterized the evidence,and erred in making an adverse credibility finding regarding continuity of symptomatology following service.

With respect to the shoulder,the Board noted that diagnostic code (DC)5203,for dislocation of the clavicle or scapula, provides for a maximum 20%disability rating.

With respect to the cervical spine,the Board found that the preponderance of the evidence was against a finding that the appellant's neck condition was related to service,relying primarily on the negative VA medical nexus opinion.

Before the Court,the appellant contends that the Board erred in denying service connection for his neck condition because it mischaracterized the evidence and erroneously required medical evidence of a nexus to service.

The Board's determination of whether a medical opinion is adequate is a finding of fact that the Court reviews under the clearly erroneous standard.

A 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.

Service Connection for Cervical Spine Disability 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.

The Board must provide a statement of the reasons or bases for its determination,adequate to enable an appellant to understand the precise basis for its decision,as well as to facilitate review in this Court.