Case 19-0312: Back

DecisionVeterans-appeals decision document (court public records) · · Unknown

Outcome
Unknown
Decision Date
Unknown
Judge
Unknown
Service Era
Not specified

Conditions Claimed

BackRespiratoryEye

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

per month ·  per year, tax-free

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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

BackRespiratoryEye

Why It Was Decided This Way

On ap- peal, the parties agreed to a joint motion to remand (“JMR”) because Todd’s 2014 opinion did not address cer- tain in-service risk factors for contracting hepatitis B and C that Ms.

Specifically, Todd did not address the higher than average occurrence of hepatitis among Vietnam veterans generally, Brass’s handling of dead bodies while in service, and his inocula- tions by jet gun.

Coleman argued that the Board’s de- cision was inadequate because it: (a) did not consider the 2011 opinion; (b) improperly assessed Brass’s credibility; and (c) did not address the 1972 record.

Coleman ad- ditionally argued that the Board failed to comply with the terms of the JMR because its 2018 decision did not address the adequacy of Todd’s 2014 opinion.

On March 16, 2020, the Veterans Court affirmed the Board’s 2018 decision, rea- soning that the Board had in fact considered the 2011 opin- ion, did not make improper credibility determinations, had expressly addressed the 1972 records, had substantial evi- dence for its findings, and had complied with the terms of the JMR.

102 by failing to provide Brass with the benefit of the doubt.

Coleman first asks us to review the Board’s factual finding that Brass’s death was not service-connected.

Coleman also argues that the Board erred by fail- ing to give her the “benefit of the doubt” in its decision- making.

Authorities Cited

Conway v. PrincipiFagan v. ShinsekiHarlston v. ShinsekiSee Coleman v. Wilkie

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.10238 USC 5107(b)38 USC 729238 USC 7292(c)38 USC 7292(d)(2)

Denial Type

Credibility|Not Service Connected|Preponderance Against

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