BVA Case 92-970: Back

On May 21, 1992, the Board denied a schedular evaluation greater than 10% for the service- connected left mandible condition but granted an additional 10% evaluation for that condition on an extraschedular basis.

Left Mandible Condition The appellant's claim for an increased rating for the service-connected left mandible condition is a new claim, and the Court reviews the Board's findings of fact under a "clearly erroneous" standard of review.

Under the "clearly erroneous" standard of review, "if there is a `plausible' basis in the record for the factual determinations of the BVA, even if this Court might not have reached the same factual determinations, [the Court] cannot overturn them.

§ 7104(a), and must provide a "written statement of [its] findings and conclusions, and the reasons or bases for those findings and conclusions, on all material issues of fact and law presented on the record," 38 U.

Duty to Assist The September 1989 VA examination report is, however, inadequate, and this inadequacy frustrates judicial review.

Once a claimant has submitted "evidence sufficient to justify a belief by a fair and impartial individual that the claim is well grounded," the Board has a duty to assist the claimant in developing the facts pertinent to the claim.

121, 124 (1991), the Court stated: "[F]ulfillment of the statutory duty to assist here includes the conduct of a thorough and contemporaneous medical examination, one which takes into account the records of the prior medical treatment, so that the evaluation of the claimed disability will be a fully informed one.

The appellant also argues that the Board failed to seek to obtain certain x-rays.