BVA Case 20-3293: Knee

BVAReal Board of Veterans' Appeals decision · · LOURIE

Outcome
Unknown
Decision Date
Unknown
Judge
LOURIE
Service Era
Not specified

Conditions Claimed

KneeSkinTDIUEyeArthritisRadiculopathy

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
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Issues on Appeal

KneeSkinTDIUEyeArthritisRadiculopathy

Why It Was Decided This Way

Because we conclude that the Veterans Court properly interpreted the benefit of the doubt rule under 38 U.

§ 5107 and applied the appro- priate standard of review to the Board’s application of the benefit of the doubt rule under § 7261(b)(1), we affirm.

The Board found the latter report to be “conclusory and lacking persuasive probative value.

The Veterans Court found no error in the Board’s consideration of the evidence or in its application of the benefit of the doubt rule.

102, which re- late to how the Board determines whether the benefit of the doubt rule applies.

102 require the Board to: “1) identify which evidence is positive or negative; 2) explain why with adequate reasons and bases; and 3) explain why the benefit of the doubt was not afforded” because, according to him, without such safe- guards, the Veterans Court “is unable to determine whether evidence was either persuasively positive or neg- ative.

MCDONOUGH 5 statute provides that “[w]hen there is an approximate bal- ance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant.

Rather, we held that it is sufficient for the Board to identify key evi- dence and assign probative weight in its benefit of the doubt analysis.

Authorities Cited

Bazalo v. WestBowling v. McDeloach v. ShinsekiEuzebio v. McKing v. BurwellMattox v. McSharp v. United States

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.10238 CFR 3.34038 CFR 4.16(a)38 USC 115538 USC 510738 USC 5107(b)38 USC 726138 USC 7261(a)38 USC 7292(d)(2)

Denial Type

Unclassified

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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.