BVA Case 20-5554: Back

Real Board of Veterans' Appeals decision · October 29,2021 · BARTLEY, Chief Judge

Outcome
Affirmed
Decision Date
October 29,2021
Judge
BARTLEY, Chief Judge
Service Era
Not specified

Conditions Claimed

BackArthritisRadiculopathy

Issues on Appeal

Back ConditionService Connection

Why It Was Decided This Way

2 In October 2014,the Board denied service connection for a kidney stone disability.

In October 2018,the Board denied the claim,finding that Mr.

Instead,the Board found the June 2018 VA examiner's opinion disclaiming a link to service probative because it was based on an accurate medical history and provided an explanation that contains clear conclusions and supporting data.

Taron reported experiencing intermittent low back pain since service,the Board did not consider whether service connection was warranted based on continuity of symptoms.

As such,the parties agreed that: [T]he Board must address [the veteran's]reports of continued low back pain since service and provide a credibility determination as to these reports.

Board determinations regarding service connection are findings of fact 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 it finds persuasive or unpersuasive, and provide reasons for its rejection of material evidence favorable to the claimant.

Authorities Cited

Accord Reonal v. BrownAllday v. BrownBuchanan v. NicholsonCaluza v. BrownDalton v. NicholsonDavis v. WestGilbert v. DerwinskiHersey v. DerwinskiIn Smith v. WilkieJandreau v. NicholsonMiller v. WilkieSee Frankel v. DerwinskiSee Robinson v. ShinsekiShinseki v. SandersWise v. Shinseki

Denial Type

Credibility|Duty To Assist|Inadequate Exam

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