BVA Case 21-5285: Back

PIETSCH, Judge :The appellant, Richard Gutierrez , appeals a May 21,2021, Board of Veterans'Appeals (Board)decision in which the Board (1)dismissed the appeal of the issue of entitlement to service connection for tuberculosis;(2) determined that new and material evidence relating to the claim for service connection for a right knee disability had been received,and granted the petition to reopen this claim;(3) denied service connection for low back disability; (4) denied service connection for a left ankle disability;(5) denied service connection for a right ankle disability;(6) denied service connection for a left knee disability;and (7) denied service connection for a right knee disability Record (R.

In the May 2021 decision, the Board determined that the preponderance of the evidence weighs against a finding that the current low back,left ankle,right ankle,left knee,and right knee disabilities were incurred in or caused by service,and the Board denied these claims.

Private Treatment Records The Board must provide a statement of the reasons or bases for its determination,adequate to enable an appellant to understand the precise basis for its decision,as well as to facilitate review in this Court.

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

Whatever the type of evidence,it is the Board's province to determine its credibility and weight.

1997)(it is the duty [of]the Board to analyze the credibility and probative value of evidence ).

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.

159(e)(2)and thus VA failed to satisfy its duty to assist.