BVA Case 14-283: Back

BVAReal Board of Veterans' Appeals decision · · REYNA

Outcome
Reversed
Decision Date
Unknown
Judge
REYNA
Service Era
Not specified

Conditions Claimed

BackCervicalSkinEye

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
See your full claim picture — free
Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

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.

Issues on Appeal

BackCervicalSkinEye

Why It Was Decided This Way

Sullivan appeals from a decision of the Court of Appeals for Veterans Claims (“Veterans Court”) affirming the decision of the Board of Veterans Appeals (“Board”) concluding that the Department of Veterans Affairs (“VA”) had satisfied its duty to assist Mr.

The Board denied the request to reopen, finding the newly submitted evidence was not material.

The Board also determined that the VA had satisfied its duty to assist Mr.

There, he argued for the first time that the VA failed to satisfy its duty to assist because it had not obtained his medical records from the Asheville VA facility (“Asheville medical records”).

The Veterans Court concluded that the VA’s duty to assist claimants in securing records only extends to potentially relevant records.

Sullivan] in reopen- ing his claim,” and thus affirmed the Board’s determina- tion that the VA had satisfied its duty to assist.

159(c)(3) to impose a relevance standard for VA medical records before trigger- ing the VA’s duty to assist a claimant in obtaining such records.

§ 5103A, includes a relevance condition in the VA’s statutory duty to assist in obtaining VA medical records, he argues that the VA adopted a SULLIVAN v.

Authorities Cited

Bonner v. NicholsonBrown v. GardnerClaudio v. ShinsekiGlover v. WestGolz v. ShinsekiHensley v. WestMeeks v. WestMorgan v. PrincipiRussello v. United StatesSee Forshey v. PrinciSee Hodge v. WestSee Webster v. DerwinskiWanner v. Principi

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.159(c)38 CFR 3.159(c)(3)38 CFR 3.159(d)38 USC 510338 USC 7292(a)38 USC 7292(c)38 USC 7292(d)(1)38 USC 7292(d)(2)

Denial Type

Duty To Assist

Find Similar Precedent for Your Claim

VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.

Run my claim through VetAid →
Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

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.