BVA Case 220615-251909: Back
BVAReal Board of Veterans' Appeals decision · January 7, 2025 · GAYLE STROMMEN
Conditions Claimed
BackKneeHearing LossTinnitusHipAnkleHeadacheGITDIUEye
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
BackKneeHearing LossTinnitusHipAnkleHeadacheGI
Why It Was Decided This Way
Service Connection Generally, in order to prove service connection, there must be competent, credible evidence of (1) a current disability, (2) in-service incurrence or aggravation of an injury or disease, and (3) a nexus, or link, between the current disability and the in-service disease or injury.
Whenever there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the Veteran.
The examiner conceded the Veteran's noise exposure in service based on these findings; however, the examiner found that the Veteran's tinnitus was less likely than not related to service.
The examiner concluded that the Veteran's tinnitus is less likely than not related to military noise exposure given that her records are silent for complaints of tinnitus and that there was no significant threshold shift in hearing while in service.
Therefore, even if the examiner did not consider the Veteran's reports of tinnitus occurring in service, the seven months that passed from the time of her discharge until her examination does not equate to a delay "much later in one's lifetime.
When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the claimant.
The Board has considered the benefit of the doubt doctrine; however, there is not an approximate balance of positive and negative evidence; therefore, the benefit-of-the-doubt rule does not apply.
Before the Board can properly adjudicate the claims, a remand is necessary to correct pre-decisional duty to assist errors.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Duty To Assist|Inadequate Exam
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