BVA Case 17-4844: Back

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 credibility of lay evidence is determined when the Board weighs or balances such evidence,typically in relation to other material evidence or facts.

Credibility affects the weight to be given to [lay]testimony,and it is the Board's responsibility to determine the appropriate weight.

However,although the absence of corroborating or contemporaneous evidence may be a factor to consider,the Board may not determine that lay evidence lacks credibility only because it is unaccompanied by contemporaneous medical evidence.

Board determinations regarding the credibility of evidence will be overturned by this Court only if they are clearly erroneous.

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 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 anothe r 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.