BVA Case 15-3879: Ptsd

VA subsequently informed the appellant that new and material evidence was required to reopen his hearing loss claim.

However, the examiner opined that the appellant's depression was not related to his time in service.

The examiner concluded that the appellant's current pain in the right forearm and wrist was less likely than not related to the treatment for the growth on the right forearm.

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.

This same standard of review is applied to determinations concerning the proper effective date for an award of disability benefits, the assignment of a disability rating,and whether 4 an appellant has submitted new and material evidence to reopen a previously denied claim.

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 Board determined the appellant's statements were not credible because,based on information of record,the appellant was not in Vietnam at the time of the Tet Offensive,which took place in January 1968.