BVA Case 06-1327: Back
BVAReal Board of Veterans' Appeals decision · · MICHEL, Chief Judge
Conditions Claimed
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
2026 base rates, all ratings (veteran alone)
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
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Issues on Appeal
BackHearing LossHipEye
Why It Was Decided This Way
Fagan argues that the Veterans Court incorrectly interpreted the benefit of the doubt doctrine codified at 38 U.
§ 5107(b) and, as a result, improperly failed to consider statements in a medical examiner’s report as “evidence.
Fagan’s claim, determining that his further hearing loss was not service connected.
On January 5, 2006, the Board denied his claim for service connection.
Ultimately, the Board concluded that, “after considering all the evidence[,] .
the preponderance of the evidence [was] against [Mr.
Fagan appealed to the Veterans Court, arguing that the positive and negative evidence pertaining to a nexus between his further hearing loss and service was in equipoise and, therefore, the “Board was required to grant Mr.
Fagan the benefit of the doubt” pursuant to § 5107(b).
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Not Service Connected|Preponderance Against
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