BVA Case 09-0106: Back

BVAReal Board of Veterans' Appeals decision · · NEWMAN

Outcome
Affirmed
Decision Date
Unknown
Judge
NEWMAN
Service Era
Not specified

Conditions Claimed

BackHeartEyeHypertension

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

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)
RatingMonthly (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

BackHeartEyeHypertension

Why It Was Decided This Way

Harvella Jones appeals from the decision of the United States Court of Appeals for Veterans Claims (the Veterans Court) affirming the decision of the Board of Veterans Appeals (the Board) denying her claim for various entitlements, on the Board’s finding that the cause of her husband’s death was not service-connected.

On December 18, 2008, the Board denied service connection for the cause of death, concluding that the veteran’s death was caused neither by a service-connected disability, nor by medical treatment received at a VA facility.

115 (1994), and that this delay prejudiced him; (3) that the VA tribunals misunderstood part of the veteran’s claim; and (4) that the VA tribunals engaged in “racial profiling,” in finding that the veteran’s hypertension was not service-connected.

190, 193 (1991) (“The [Board] has the duty to assess the credibility and weight to be given to the evidence.

The Board found that that “the evidence of record preponderates against appellant’s claims to service connection for cause of death.

The Board found the four opin- ions finding that the veteran’s ESRD was related to his hypertension to be more persuasive and of more probative value than the August 1991 opin- ion because they are based on a review of the re- cords, including the service medical records, and are supported by a detailed rationale.

The Board found that “the medical nexus evidence of record preponderates against the veteran’s assertion that ingestion of pain medication for his lower back disorder .

Jones further argues that the veteran “never got the benefit of the doubt,” as required by 38 U.

Authorities Cited

Brown v. GardnerJones v. ShinsekiSee Espiritu v. DerwinskiWhite v. PrincipiWood v. Derwinski

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.31038 USC 115138 USC 131838 USC 155138 USC 510738 USC 7292(d)(2)

Denial Type

Credibility|No Nexus|Not Service Connected

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Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.