BVA Case 200826-106084: Back

BVAReal Board of Veterans' Appeals decision · February 15, 2024 · B. MULLINS

Outcome
Granted / Remanded
Decision Date
February 15, 2024
Judge
B. MULLINS
Service Era
Not specified

Conditions Claimed

BackKneeShoulderHipArthritisRadiculopathy

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

BackKneeShoulderHipArthritisRadiculopathy

Why It Was Decided This Way

Establishing service connection generally requires (1) evidence of a current disability; (2) evidence of in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and the present disability.

The question then becomes whether a nexus, or relationship, between the Veteran's current disability and the in-service symptoms has been shown.

305, 312 (2003) (holding that, because it is not permissible for VA to undertake additional development to obtain evidence against an appellant's case, VA must provide an adequate statement of reasons or bases for its decision to pursue such development where such development could be reasonably construed as obtaining additional evidence for that purpose).

The examiner opined that the Veteran's bilateral knee condition was less likely as not related to "a specific exposure event experience by the Veteran during service in Southwest Asia.

The March 2019 VA examiner based the negative nexus opinion on a lack of evidence of in-service treatment for knee complaints without fully considering the Veteran's lay statements alleging symptoms in service and continuity since.

1, 12 (2001) (emphasizing the Board's duty to return an inadequate examination report "if further evidence or clarification of the evidence.

After confirming diagnoses of degenerative disc disease and degenerative arthritis, the VA examiner opined that the Veteran's low back condition was not related to service because "[t]hese conditions of the lumbar spine are normally related to the normal aging process" and because "[t]here is no medical evidence to show that these conditions are related to a specific exposure event experienced by the Veteran during service in Southwest Asia.

The March 2019 VA examiner based the negative nexus opinion on a lack of evidence of in-service treatment for low back complaints without fully considering the Veteran's lay statements alleging symptoms in service and continuity since.

Authorities Cited

Bagby v. DerwinskiBarr v. NicholsonCaluza v. BrownGilbert v. DerwinskiLayno v. BrownMariano v. PrincipiSee Bowling v. PrincipiSee Dalton v. NicholsonSee Harris v. DerwinskiSee Shedden v. PrincipiShedden v. PrincipiWagner v. Principi

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.15938 CFR 3.304 (b)38 CFR 3.304 (b)(1)38 USC 111038 USC 111138 USC 115438 USC 5107 (b)

Denial Type

No Nexus|Inadequate Exam

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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.