BVA Case 21-5726: Back

1 Appellant asks the Court to reverse the Board�s finding that VA satisfied its duty to assist.

Legal Landscape VA has a duty to assist veterans in developing their claims.

5 VA must provide a medical exam when there is (1)competent evidence of a current disability or recurrent or persistent symptoms of a disability,(2)evidence that an event,injury,or disease occurred in service,(3)an indication that the current disability (or persistent or recurrent symptoms of a disability)may be associated with the veteran�s service ,and (4)insufficient medical evidence to decide the claim.

6 The Board must provide reasons and bases explaining its decision to refuse to provide an exam, 7 and the Court reviews that decision under the � arbitrary,capricious,abuse of discretion or otherwise not in accordance with law � standard.

�� 13 The Court us es the �clearly erroneous�standard to review the Board�s determinations about whether VA satisfied the duty to assist.

91,94 (1992)(�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.

�� 2 The Board,as factfinder,weighs the evidence � including the probative value of medical evidence and the credibility of lay evidence � in the first instance.

15 To assess credibility,the Board can consider self-interest, 16 missing contemporaneous evidence,conflicting statements, bias,and the passage of time since service.