BVA Case 23-4236: Back

In the June 2023 decision on appeal, the Board denied reopening of the claim for service connection for left ankle disability.

The Board specifically noted that the August 2017 statement documents a left ankle injury, but reasoned that it did not establish either a currently diagnosed left ankle injury or a nexus between a current disorder and [ Mr.

Finally,the Board denied service connection for a left abdomen varicocele,a right ankle disability,and joint and tendon issues.

However,the Board denied service connection for all these conditions because the record does not reflect a confirmed diagnosis .

The Secretary has a duty to assist veterans benefits claimants in developing their claims, including providing a veteran with a medical examination and linkage opinion when there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability;(2) evidence establishing that an event,injury,or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the veteran qualifies;(3) an indication that the disability or persistent or recurrent symptoms of disability may be associated with the veteran's service or with another service-connected disability;and (4)insufficient competent evidence on file for the Secretary to make a decision on the claim.

However, Board determinations regarding service connection,whether the Secretary has fulfilled the duty to assist,and whether a claimant has submitted new and material evidence sufficient to reopen a previously denied claim are findings of fact subject to the clearly erroneous standard of review.

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.

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