BVA Case 20-8665: Depression

(1)a current disability,(2)incurrence or aggravation of a disease or injury in service,and (3)a nexus between the claimed in-service injury or disease and the current disability.

4 It is the Board's responsibility,as factfinder,to determine the credibility and weight to be given to the evidence.

5 The general standard of proof in veterans benefits cases � the benefit of the doubt � provides that, [w]hen there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter,the Secretary shall give the benefit of the doubt to the claimant.

8 However,if the preponderance of the evidence is against the claim,the doctrine does not apply.

429,433 (1995) (holding that the Board is responsible for assessing the credibility and weight of evidence and that the Court may overturn the Board's decision only if it is clearly erroneous).

2021)(reaffirming that,under section 5107(b)and established caselaw,a claimant is to receive the benefit of the doubt if the positive and negative evidence is in approximate balance[,][]which includes but is not limited to equipoise[] ).

11 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.

12 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.