BVA Case 220615-252249: Depression

BVAReal Board of Veterans' Appeals decision · August 25, 2025 · GAYLE STROMMEN

Outcome
Granted / Denied / Remanded
Decision Date
August 25, 2025
Judge
GAYLE STROMMEN
Service Era
Not specified

Conditions Claimed

DepressionAnxietyPsychiatricBackCervicalKneeHearing LossSleep ApneaShoulderHip

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

DepressionAnxietyPsychiatricBackCervicalKneeHearing LossSleep Apnea

Why It Was Decided This Way

e present disability and the disease or injury incurred or aggravated during service-the so-called "nexus" requirement.

? The VA has a duty to assist the Veteran in obtaining a medical examination or opinion in certain circumstances.

Furthermore, the Board finds no reason to doubt the credibility of these statements, as military records reveal that his military occupational specialty (MOS) was infantryman.

The remaining question is whether there is a nexus between the Veteran's in-service incurrence and his current hearing loss.

Against a finding of a nexus, a VA examiner noted in October 2018 that the Veteran did not have a separation examination.

In favor of a nexus, a private clinician noted in February 2022 that the Veteran reported experiencing progressive bilateral hearing loss from the time of service.

The Board finds both opinions are equally probative as to a nexus.

Resolving any reasonable doubt in favor of the Veteran, the Board finds that a nexus between the Veteran's hearing loss of the right ear and in-service noise exposure has been established.

Authorities Cited

Akins v. DerwinskiBuchanan v. NicholsonClendon v. NicholsonCotant v. WestHart v. MansfieldHolton v. ShinsekiJandreau v. NicholsonLaposky v. BrownLayno v. BrownLendon v. NicholsonRodriguez v. PeakeSchafrath v. DerwinskiSee Vanerson v. WestSee Wallin v. West

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.30338 CFR 20.801(a)38 CFR 20.802 (a)38 CFR 3.104(c)38 CFR 3.159 (c)(4)38 CFR 3.303(d)38 CFR 3.30638 CFR 3.400(o)38 CFR 4.1438 USC 115338 USC 510338 USC 510438 USC 5104(b)(4)

Denial Type

Credibility|No Nexus|Preponderance Against|Duty To Assist

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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.