BVA Case 14-3690: Depression

The Board found the February 2009 examination inadequate because the examiner failed to provide an opinion regarding whether the appellant's bilateral leg and neck conditions were aggravated by his service-connected conditions.

The Board also found that the examination regarding 3 sleep apnea did not address pertinent evidence that contradicted the examiner's findings.

The Board denied the appellant's claims for disability compensation for (1)a bilateral knee disorder,to include as secondary to his service-connected lumbar spine disability or any other service-connected disability;(2)a cervical spine disorder, to include as secondary to his service-connected lumbar spine disability or any other service-connected disability;(3)sleep apnea, to include as secondary to his service-connected major depressive disorder;(4)headaches,to include as secondary to a service-connected disability;(5)a bilateral hand disorder,to include as secondary to a service-connected disability;and (6)a sleep disorder,to include as secondary to a service-connected disability.

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 5 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.