BVA Case 19-0200: Back

,appeals through counsel a September 12,2018,Board of Veterans'Appeals (Board)decision finding no new and material evidence sufficient to reopen previously denied claims for service connection for,inter alia,a left knee disorder,a right knee disorder,and a heart disorder,including as secondary to hypertension.

In the same decision,the Board denied entitlement to an initial disability evaluation in excess of 10% for gastroesophageal reflux disease (GERD).

In the September 2018 decision on appeal, the Board found no new and material evidence to reopen Mr.

The Board found that evidence to be cumulative of the evidence of record at the time of the prior final denials.

3 The Court reviews for clear error the Board's determination that a claimant did not submit new and material evidence sufficient to reopen a previously denied claim.

The Board's determination of the appropriate degree of disability is also a finding of fact and similarly subject to the clearly erroneous standard of review.

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.

To comply with this requirement,the Board must analyze the credibility and probative value of evidence, account for evidence that it finds persuasive or unpersuasive,and provide reasons for its rejection of material evidence favorable to the claimant.