BVA Case 210222-137080: Hip

BVAReal Board of Veterans' Appeals decision · June 12, 2024 · GAYLE STROMMEN

Outcome
Denied
Decision Date
June 12, 2024
Judge
GAYLE STROMMEN
Service Era
Not specified

Conditions Claimed

HipGI

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

HipGI

Why It Was Decided This Way

FINDING OF FACT The Veteran's GERD is less likely than not related to the Veteran's active-duty service.

e present disability and the disease or injury incurred or aggravated during service-the so-called "nexus" requirement.

The determination of whether the requirements of service connection have been met is based on an analysis of all the evidence of record and the evaluation of its credibility and probative value.

In making these determinations, the Board must consider and assess the credibility and weight of all evidence in the claim file, including the medical and lay evidence, to determine its probative value.

After considering all information and lay and medical evidence of record in a case with respect to benefits under laws administered by the Secretary, when there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the benefit of the doubt will be given to the claimant.

Whenever there is an approximate balance of evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each issue shall be given to the claimant.

The remaining question is whether there is a nexus between the Veteran's in-service incurrence and his GERD.

The record contains both a positive and negative nexus opinion.

Authorities Cited

Buchanan v. NicholsonHolton v. ShinsekiJandreau v. NicholsonSee Andrews v. McSee Baldwin v. WestSee Hood v. ShinsekiShedden v. Principi

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 USC 111038 USC 5107(b)

Denial Type

Credibility|No Nexus

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Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

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.