BVA Case 210413-152704: Cervical
BVAReal Board of Veterans' Appeals decision · February 9, 2024 · Timothy Cothrel
Conditions Claimed
CervicalKneeHearing LossTinnitusAnkleEyeArthritis
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 |
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.
Issues on Appeal
CervicalKneeHearing LossTinnitusAnkleEyeArthritis
Why It Was Decided This Way
Affording the Veteran the benefit of the doubt, the evidence demonstrates the Veteran has a right foot condition that was caused or aggravated by service-connect left foot and left ankle disabilities.
It is not clear if the Veteran was provided with a separation examination during service; however, if any service medical records are missing from the available evidence, then VA has a heightened duty to explain its findings and conclusions and to carefully consider the benefit of the doubt rule.
A veteran is entitled to the benefit of the doubt when there is an approximate balance of positive and negative evidence on any issue material to the claim.
Conversely, when after assessing the probative value of the positive and negative evidence the Board finds the evidence on the whole is persuasively against the veteran, reasonable doubt is extinguished, the benefit of the doubt doctrine does not apply, and the Board finds accordingly.
The evidence is decidedly against the Veteran's claim for an increased rating, and therefore, the benefit of the doubt therefore does not apply.
To establish entitlement to service connection, the evidence must show: (1) the Veteran has the claimed disability; (2) an in-service incurrence or aggravation of a relevant disease or injury occurred; and (3) a nexus or link between the in-service injury or disease and the current disability exists.
As previously explained, the Board gives veterans the benefit of the doubt on any material issue when positive and negative evidence achieve an "approximate balance" or are "nearly equal.
However, when the evidence persuasively weighs against the veteran, this "benefit of the doubt doctrine" does not come into play.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus
Find Similar Precedent for Your Claim
VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.
Run my claim through VetAid →