BVA Case 22061364: Back

Establishing direct service connection generally requires (1) medical evidence of a current disability; (2) medical, or in certain circumstances, lay evidence of in-service occurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the present disability.

In order to prevail on the issue of entitlement to secondary service connection, there must be (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) nexus evidence establishing a connection between the service-connected disability and the current disability.

A veteran is entitled to the benefit of the doubt when the evidence is in approximate balance or "nearly equal," and does not require that the evidence be in exact equipoise.

� 5107, the benefit of the doubt rule is clear and unambiguous on its face.

Therefore, the remaining question before the Board is whether there is a direct or secondary nexus between the Veteran's currently diagnosed left foot plantar fasciitis and the in-service injury.

Whether a physician provides a basis for his or her medical opinion goes to the weight or credibility of the evidence in the adjudication of the merits.

In cases, such as here, where there contrasting medical opinions, the Board must assess the credibility and weight of all the evidence, including the medical evidence, to determine its probative value.

Furthermore, the VA has a duty to uphold the benefit of the doubt rule, and in cases where the evidence is in approximate balance, service connection must be granted.