BVA Case 18-1160: Back
BVAReal Board of Veterans' Appeals decision · · NEWMAN
Conditions Claimed
BackHeadacheHeartGIEyeFibromyalgia
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
BackHeadacheHeartGIEyeFibromyalgia
Why It Was Decided This Way
The Veterans Court, in a single-judge memorandum decision by Judge Toth, agreed with Tadlock: “Since a MUCMI, by definition, must be a diagnosed illness, deny- ing this claim because the veteran’s illness is diagnosed was clearly erroneous.
at *5 (“[T]he Board denied his claim in part because this PE was a diagnosed illness, and this Court found this basis erroneous.
While the Veterans Court is also empowered to “hold unlawful and set aside or reverse [a finding of material fact adverse to the claimant] if the finding is clearly erroneous,” 38 U.
Because “a MUCMI, by definition, must be a diagnosed illness,” the Veterans Court held that the VA’s denial of presumptive service connection was clearly erroneous.
at 22 (“Here, the board did not address the specific issue of whether Mr.
The Board therefore did not consider the reports Hensley submitted.
Nevertheless, the Veterans Court affirmed the Board’s holding that Hensley claim was not well-grounded after analyzing the reports in the first instance to conclude that Hensley failed to establish a nexus between his heart disease and his exposure to mus- tard gas during service.
316(a)], the [Board] did not consider the surrounding facts or the mer- its of the case that they might support.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus
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