Case 200226-72109: Back

DecisionVeterans-appeals decision document (court public records) · May 14, 2024 · REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

Outcome
Granted / Remanded
Decision Date
May 14, 2024
Judge
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
Service Era
June 2011 to October 2015

Conditions Claimed

BackHipHeadacheRadiculopathy

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

BackHipHeadacheRadiculopathy

Why It Was Decided This Way

019 VA examiner's negative conclusion, which relied on the fact that the right wrist disability was not service connected at the time of the examination, the opinion's rationale is clear that the right wrist disability is the cause of the left wrist sprain); there are no contrary opinions of record.

If evidence was submitted either (1) during the period after the AOJ issued the December 2019 SOC and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision.

To establish service connection for a claimed disability, there must be evidence of (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship ("nexus") between the claimed in-service disease or injury and the current disability.

The Board notes at the time the Veteran was not service connected for the right wrist disability.

REASONS FOR REMAND Remand is required to correct a pre-decisional duty to assist error and a fulfil a statutory duty.

Service Connection for Left- and Right-Hand Disabilities Remand is required to provide the Veteran with a new VA examination and opinion.

Accordingly, remand is required to provide the Veteran with an adequate VA examination and opinion.

) Service Connection for Migraine Headaches Remand is required to satisfy a regulatory duty to assist and to provide a TERA examination and opinion, which the Veteran has not yet received.

Authorities Cited

Allen v. BrownCaluza v. BrownHickson v. WestRodriguez v. PeakeSee Barr v. NicholsonWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.30038 CFR 3.10238 CFR 3.30338 CFR 3.303(b)38 CFR 3.310(a)38 USC 111038 USC 115438 USC 1168(a)

Denial Type

No Nexus|Not Service Connected|Duty To Assist

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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.