CAVC Case 97-280: Back

In the October 24, 1996, BVA decision here on appeal, the Board denied the veteran's knee-disability claim as not well grounded because of a lack of evidence to link the claimed condition to his service.

In the October 24, 1996, BVA decision here on appeal, the Board denied the veteran's hearing-loss claim as not well grounded.

ence, of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the asserted in-service injury or disease and the current disability.

303(b) (1998), by the submission of (a) evidence that a condition was "noted" during service or during an applicable presumption period; (b) evidence showing postservice continuity of symptomatology; and (c) medical or, in certain circumstances, lay evidence of a nexus between the present disability and the postservice symptomatology.

The credibility of the evidence presented in support of a claim is generally presumed when determining whether it is well grounded.

See Brief at 9 (asserting that his claim is well grounded because "appellant's SMRs prove an in[-]service injury and medical diagnosis" and he has "demonstrated a current condition", but not citing to or asserting any evidence of medical nexus); Reply at 2-3 (asserting that relationship between current condition and inservice injury "is one to which a lay person's observation is competent").

Because no nexus evidence is present, the Court need not consider the appellant's arguments concerning the presumption of aggravation under 38 U.

The only competent evidence of a nexus between the asserted condition and the asserted continuous symptomatology indicated an etiology other than the knee pain noted several times during the veteran's service (R.