BVA Case 15-3134: Ptsd

The appellant contends that the Board failed to apply the benefit of the doubt standard in weighing the evidence for and against service connection.

2 In October 2013,the appellant submitted a favorable medical nexus opinion from his treating private physician.

In August 2015,the Board issued the decision currently on appeal,denying the claim based in major part on the negative nexus opinion provided by the VA examiner in October 2011,which the Board found to be highly probative.

The Board considered the positive nexus opinion provided by the appellant's private treating physician,but discounted its probative value because the examiner did not indicate consideration of the historical medical records,including the service medical records,and did not provide a rationale for his opinion.

Before the Court,the appellant contends that the Board failed to provide him with the benefit of the doubt in considering the competing medical nexus opinions.

He also argues that VA failed to satisfy its duty to assist because it did not provide a copy of his claims file to his private physician.

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.

3 The Board's determination of whether a condition is service connected is a finding of fact that the Court reviews under the clearly erroneous standard.