BVA Case 20-3293: Knee
BVAReal Board of Veterans' Appeals decision · · LOURIE
Conditions Claimed
KneeSkinTDIUEyeArthritisRadiculopathy
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
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
Regulations Cited (38 CFR / 38 USC)
Denial Type
Unclassified
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