BVA Case 22019634: Eye

BVAReal Board of Veterans' Appeals decision · April 2, 2022 · SHEREEN M. MARCUS

Outcome
Denied
Decision Date
April 2, 2022
Judge
SHEREEN M. MARCUS
Service Era
June 1956 to June 1958

Conditions Claimed

EyeHypertension

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

EyeHypertension

Why It Was Decided This Way

The Board notes there has been substantial compliance with its October 2021 directives, to the extent an adequate medical nexus opinion has been obtained and considering that the Veteran was asked to provide pertinent information for obtaining any outstanding private treatment records.

The Veteran is entitled to the benefit of the doubt when the evidence is in approximate balance or "nearly equal," and does not require that the evidence be in exact equipoise.

There is also no other reasonably raised theory of nexus to service.

However, this does not otherwise contain any medical nexus opinion.

There are multiple VA medical nexus opinions of record.

Of particular significance, a May 2021 VA examiner provided a positive nexus opinion finding the Veteran's hypertension "at least as likely as not" to have its onset during service or within a year of service based solely on the Veteran's lay statement that he was treated for the condition in service.

A new DBQ medical nexus opinion was obtained in January 2022.

However, at least to the extent that the Veteran's statement (that he was treated for a high blood pressure in service) seeks to establish a medical nexus, the Board also notes that the Veteran is not competent to furnish a medical etiology opinion, as such requires complex medical knowledge and training.

Authorities Cited

Davidson v. ShinsekiHare v. DerwinskiJandreau v. NicholsonKahana v. ShinsekiLynch v. McReonal v. BrownRobinson v. PeakeSee Gonzales v. WestSee Russo v. BrownSee Scott v. McSee Shedden v. PrincipiSee Stefl v. NicholsonSee Stegall v. WestWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.303(a)38 CFR 3.303(b)38 CFR 3.303(d)38 CFR 3.309(a)38 CFR 4.338 USC 111038 USC 5107

Denial Type

No Nexus

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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.