BVA Case 22-2575: Back
BVAReal Board of Veterans' Appeals decision · October 8, 2024 · K.A. KENNERLY
Conditions Claimed
BackKneeHipAnkleTDIUArthritisRadiculopathy
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
BackKneeHipAnkleTDIUArthritisRadiculopathy
Why It Was Decided This Way
2015 examination was inadequate for evaluation purposes and the Board's finding to the contrary was clearly erroneous") (emphasis added).
The DBQ, however, did not address whether there was pain with nonweight-bearing for the right hip in the remarks section, or elsewhere.
for a Right Hip Disability Under DC 5003-5251 Prior to the March 2021 rating decision on appeal, a duty to assist error occurred.
Accordingly, a pre-decisional duty to assist error was committed by not obtaining an adequate examination.
As such, remand is warranted to fulfill VA's duty to assist by obtaining an adequate VA examination, as outlined further in the remand directives below.
As explained above, there was a pre-decisional duty to assist error regarding the increased rating claims for the right hip, which includes those under DCs 5003-5253 and 5003-5251.
The pre-decisional duty to assist error as to the right hip initial rating claims extends to these intertwined claims and, as such, remand is also warranted for these claims.
Entitlement to an Initial Disability Rating in Excess of 10 Percent for a Low Back Disability Prior to the March 2021 rating decision on appeal, a duty to assist error occurred.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Duty To Assist|Inadequate Exam
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