BVA Case 16-3128: Back

Fluellen ,appeals through counsel a July 11,2016,decision of the Board of Veterans'Appeals (Board)that,among other things,(1) determined that the appellant had not submitted new and material evidence sufficient to reopen his claim for entitlement to service connection for sarcoidosis and (2) denied entitlement to service connection for sinusitis.

For the following reasons,the Court will affirm the Board's decision as to (1)its determination that the appellant did not submit new and material evidence sufficient to reopen the claim for service connection for sarcoidosis and (2)its denial of service connection for sinusitis.

Subsequently,the RO requested another medical-nexus opinion to clarify whether Mr.

In June 2011,a second nexus opinion was prepared pursuant to the RO's request.

Fluellen had not submitted new and material evidence sufficient to reopen his claim for service connection for sarcoidosis.

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.

The Board's determination that the appellant's disability is not related to service is a finding of fact that the Court reviews under the clearly erroneous standard of review 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.