BVA Case 22-0257: Back

On November 26,2021,the Board found that new and relevant evidence had not been submitted to warrant readjudication of the claims for disability compensation for tinnitus and erectile dysfunction,and the Board denied entitlement to disability compensation for bilateral upper extremity peripheral neuropathy,kidney disease, hematuria,vertigo,and chronic cerumen buildup of the left ear.

Law Establishing that a disability is service connected for purposes of entitlement to VA disability compensation generally requires medical or,in certain circumstances,lay evidence of (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.

Additionally,under certain circumstances,and as part of its duty to assist claimants,VA must provide a medical examination.

23,2017),VA no longer reopens prior claims based on new and material evidence ;rather,VA will readjudicate a claim if new and relevant evidence is presented or secured with respect to a supplemental claim.

The Board's determinations of whether new and relevant evidence has been submitted, whether the record establishes entitlement to service connection,and whether a medical examination is adequate are findings of fact,which the Court reviews under the clearly erroneous standard of review.

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.

As with any material issue of fact or law, the Board must provide a statement of reasons or bases that is adequate to enable a claimant to understand the precise basis for the Board's decision,as well as to facilitate review in this Court.

In that regard,he avers that the Board failed to explain why the June 2017 examiner could not rely on the appellant's description of his symptoms to reach the medical conclusion that the appellant had diabetic peripheral neuropathy.