BVA Case 210425-155589: Psychiatric
BVAReal Board of Veterans' Appeals decision · December 20, 2024 · SHEREEN M. MARCUS
Conditions Claimed
PsychiatricBackKneeSleep ApneaShoulderHipAnkleHeadacheHeartGI
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
PsychiatricBackKneeSleep ApneaShoulderHipAnkleHeadache
Why It Was Decided This Way
To the extent the evidence is found in "approximate balance," the Board will afford the benefit of the doubt in favor of the Veteran.
2021) (holding that exact equipoise is not required for the benefit of the doubt to be applied, but rather the Veteran is entitled to the benefit of the doubt when the evidence is in approximate balance or "nearly equal").
Moreover, the private examiner did not provide an adequate rationale for the nexus opinion.
This matter must be remanded to correct a duty to assist error that occurred prior to the March 2021 rating decision in not obtaining adequate VA medical opinion.
In light of the evidence in the claims file at the time of the March 2021 rating decision, remand is warranted to obtain VA medical opinion regarding whether the Veteran's gastritis is part of his service-connected disability or otherwise related to service, and correct this pre-decisional duty to assist error.
In light of the evidence in the claims file at the time of the March 2021 rating decision, including the Veteran's assertion that his cardiovascular condition was related to his Gulf War exposures, remand is warranted to obtain additional VA medical opinion, and correct this pre-decisional duty to assist error.
This matter must be remanded to correct a duty to assist error that occurred prior to the March 2021 rating decision in not obtaining VA medical opinion.
Accordingly, in light of the evidence in the claims file at the time of the March 2021 rating decision, remand is warranted to obtain VA medical opinion regarding whether the Veteran's hypertension had an onset in service or is related to service, and correct this pre-decisional duty to assist error.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Duty To Assist
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