BVA Case 210330-148073: Back
BVAReal Board of Veterans' Appeals decision · July 8, 2024 · Vito A. Clementi
Conditions Claimed
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
BackSleep ApneaShoulderEye
Why It Was Decided This Way
y of an in-service incurrence or aggravation of an injury or disease, and (3) medical evidence of a nexus between the current disability and the in-service disease or injury.
In an April 2008 rating decision, the regional office (RO) denied the Veteran's claim of service connection for a left elbow condition because there was no nexus to his service-connected right shoulder condition nor directly to service.
Although notified of this decision by an April 2008 letter, the Veteran did not initiate an appeal or submit new and material evidence within one year of the rating decision.
The evidence shows a provisional diagnosis of left elbow bursitis and a possible nexus to the Veteran's right shoulder condition.
Whether new and relevant evidence has been received to readjudicate the claim of entitlement to service connection for obstructive sleep apnea (OSA) In an August 2013 rating decision, the RO denied the Veteran's claim of service connection for OSA because there was no nexus to his service-connected nasal and sinus surgeries.
Although notified of this decision by an August 2013 letter, the Veteran did not initiate an appeal or submit new and material evidence within one year of the rating decision.
The examiner must provide the following THREE opinions: Question ONE: Does the Veteran have a current left elbow diagnosis? Question TWO: If the Veteran has a current left elbow diagnosis, are any of the Veteran's current left elbow diagnoses caused by his service-connected left and/or right shoulder disabilities? Question THREE: If the Veteran has a current left elbow diagnosis, are any of the Veteran's current left elbow diagnoses aggravated (worsened to any degree) by his service-connected left and/or right shoulder disabilities? * The examiner is ADVISED that, UNDER THE LAW, any incremental increase (i.
The examiner noted a diagnosis of left elbow strain but opined the Veteran's condition was less likely than not related to his service-connected right shoulder disability nor directly related to his service.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Not Service Connected|Not New Material
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