BVA Case 17-3135: Depression

The examiner also concluded that the appellant's in-service back muscle strain and muscle spasm had resolved without residuals,and that such conditions did not cause and were not related to spondylosis,which is a degenerative process involving the discs and vertebral bodies.

In August 2017,the Board denied entitlement to disability compensation for a cervical spine disorder and for a lumbar spine disorder;an initial disability rating in excess of 30%for residuals of TBI,to include headaches;and TDIU.

Disability Compensation for Cervical and Lumbar Spine Disabilities The appellant argues that the Board erred in denying disability compensation for his cervical and lumbar spine disabilities by failing to obtain relevant military personnel records, finding him incompetent to testify as to the nexus of those disabilities,and finding that the record contained no objective medical evidence of a nexus between his cervical and lumbar spine disabilities and his service.

The Secretary contends that the Board properly determined that VA had fulfilled its duty to assist,properly found that the appellant lacked competency to provide a diagnosis or nexus opinion concerning his cervical and 5 lumbar spine disabilities,and plausibly found that the record contained no objective evidence relating these disabilities to service.

Under the duty to assist, [t]he Secretary shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant's claim for a benefit.

The Board's determination of whether the Secretary has fulfilled his duty to assist generally is a finding of fact that the Court reviews under the clearly erroneous standard of review.

A finding of fact is clearly erroneous when the Court,after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed .

As with any material issue of fact or law,the Board must provide a statement of the reasons or bases for its determination adequate to enable a claimant to understand the precise basis for the Board's decision,as well as to facilitate review in this Court.