BVA Case 14-4007: Ptsd

Among other things,the Board denied the appellant's claims for disability compensation for bilateral cervical radiculopathy,dry eye syndrome,and a left knee disorder (other than shin splints);entitlement to disability ratings in excess of 10%each for his service-connected bilateral shin splints;entitlement to a disability rating in excess 10% for his service-connected cervical strain;and entitlement to a disability rating in excess of 70%for his service-connected PTSD with major depressive disorder and adjustment disorder with anxiety.

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.

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.

Whether a medical opinion is adequate is a finding of fact,which this Court reviews under the 'clearly erroneous'standard.

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.