BVA Case 21-5002: Back

Whether a medical opinion is adequate is a finding of fact,which this Court reviews under the 'clearly erroneous'standard.

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.

The examiner concluded that the appellant's bilateral knee degenerative joint disease and low back condition were less likely than not related to service because he is obese,and the increased weight coupled with his age is more than likely responsible for his increased risk and arthritis findings in his knees and back.

In the decision on appeal,the Board found that the February and August 2020 VA opinions the most probative evidence because the examiners had reviewed the claims file and provided detailed and well-supported rationales.

Relying on the 2020 VA opinions to deny service connection for bilateral knee and low back conditions,the Board concluded that the preponderance of the evidence was against the claims.

He alleges that the August 2020 examiner overreached and made a credibility determination,failed to address relevant lay statements, relied solely on the absence of documentation, and did not address whether obesity caused by his thyroid condition was an intermediate step to causing his knee and back conditions.

In the alternative,the appellant argues that the Board failed to provide an adequate statement of reasons or bases for relying on the February 2020 and August 2020 medical opinions.

The Secretary concedes that the 2020 medical opinions are inadequate because the examiner failed to address pertinent lay statements.