BVA Case 13-3410: Back
BVAReal Board of Veterans' Appeals decision · · PROST, 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
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Why It Was Decided This Way
Judge Hughes declines to opine as to when the VA’s duty to assist requires it to supply qualifications information and suggests that the veteran MATHIS v.
In my view, imposing such an obligation on the VA to routinely provide qualifications information to the veteran in response to a request (as part of the duty to assist) should not place an undue burden on the VA.
I see no legal reason to object to the limited, rebuttable presump- tion of competency as long as the Secretary’s other legal obligations, including the duty to assist and to develop the record, are fulfilled.
In fact, the Board has frequently justified providing veterans with information regarding examiners’ qualifica- tions based on its duty to assist.
13, 2015) (“Alt- hough the RO directed the Veteran to contact the doctor directly for such, the Board finds that ensuring receipt of the CV is, in this instance, subject to the duty to assist the Veteran in substantiating his claim.
13, 2015) (“Although the Board’s Privacy Act Officer directed the attorney to contact the facilities where the examinations were held for such information, ensuring receipt of the CVs is, in this instance, subject to the duty to assist the Veteran in substantiating his claims.
McDonald, the Veterans Court explicitly recognized that the VA’s duty to assist and its duty to obtain records obligated the Secretary to assist the veteran in developing the record regarding an examiner’s competency.
More importantly, the VA’s duty to assist requires it to consider a claimant’s request for further information, including information about an examiner’s competency.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Duty To Assist
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