BVA Case 17-3598: Depression

Wisgo , through counsel,appeals a June 13,2017,Board of Veteran's Appeals (Board)decision in which the Board denied service connection for an inguinal hernia and back disability.

Because the Board failed to provide adequate reasons or bases for its decision,the Court will vacate the Board's decision and remand the matter for further proceedings consistent with this decision.

In the June 13,2017,decision here on appeal,the Board denied the appellant's claim for service connection for an inguinal hernia,concluding that this disorder did not manifest during service and was not caused by any in-service disease,injury,or event.

In reaching this determination,the Board found that VA met its duty to assist to retrieve the appellant's relevant medical records.

The Secretary's duty to assist requires that he provide a VA medical examination to a claimant when there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability;(2)evidence establishing that an event,injury, or disease occurred in service or,for certain diseases, manifestation of the disease during an applicable presumptive period for which the claimant qualifies;and (3)an indication that the disability or persistent or recurrent symptoms of the disability may be associated with the veteran's service or with another service-connected disability;but (4) insufficient competent medical evidence on file for the Secretary to make a decision on the claim.

This determination is reviewed by the Court under the clearly erroneous standard of review.

This is a classic factual assessment,involving the weighing of facts,and the Board's findings are subject to the 'clearly erroneous'standard of review.

[T]his element requires only that the evidence 'indicates'that there 'may'be a nexus between the two.