BVA Case 09-0106: Back
BVAReal Board of Veterans' Appeals decision · · NEWMAN
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
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
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not Service Connected
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