BVA Case 210114-136617: Back
BVAReal Board of Veterans' Appeals decision · May 17, 2024 · Luke Pelican
Conditions Claimed
BackCervicalKneeHearing LossTinnitusHipAnkleHeadacheTDIUEye
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
BackCervicalKneeHearing LossTinnitusHipAnkleHeadache
Why It Was Decided This Way
If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the date the Board received the VA Form 10182, or (2) more than 90 days following the date the Board received the VA Form 10182, the Board did not consider it in its decision.
In this regard, the examiner relied heavily on the absence of documented treatment or a diagnosis of cervical spine degenerative arthritis until several years following the Veteran's separation from service in forming the negative nexus opinion.
The examiner did not address this inconsistency in the opinion.
The failure to provide an adequate examination is a pre-decisional duty to assist error.
The examiner did not address this theory of entitlement in rendering the opinion.
Where such issues implicate a medical question and resolution of that medical question is necessary to adjudicate the claim, the duty to assist requires that a medical examination or opinion obtained.
The failure to do so is a pre-decisional duty to assist error.
In this regard, the examiner did not provide any rationale for the negative nexus opinion.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Duty To Assist
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