BVA Case 21-3782: Back

Service Connection for Sinusitis In the decision on appeal, the Board denied service connection for sinusitis because the preponderance of the evidence was against finding that the appellant's sinusitis was either caused by service or caused or aggravated by his service-connected respiratory disorder.

The Board found that the March and September 2014 VA opinions were inadequate and assigned low probative value to the evidence.

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

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).

The Board must analyze the credibility and probative value of the material evidence,account for the evidence it finds persuasive or unpersuasive,and provide its reasons for rejecting any material evidence favorable to the claimant.

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 4 review in this Court.

The Board denied service connection for sinusitis because it found that his sinusitis was neither caused by service nor caused 5 or aggravated by his service-connected respiratory disorder.

Extending this contention,the appellant asserts that the March and September 2014 VA examiner concluded that his non-service-connected sinusitis aggravated his service-connected bronchitis, that the April 6 2020 opinion is inadequate because the examiner failed to address this question,that the evidence is at least in equipoise,and that he should be given the benefit of the doubt.