BVA Case 220623-256040: Back
BVAReal Board of Veterans' Appeals decision · December 11, 2024 · Timothy Cothrel
Conditions Claimed
BackCervicalKneeAnkleDiabetesRespiratoryEyeArthritisFibromyalgia
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
BackCervicalKneeAnkleDiabetesRespiratoryEyeArthritis
Why It Was Decided This Way
In the November 2019 examiner opined the Veteran's current lumbar spine arthritis is less likely than not related to military service, reasoning the radiologic examination in 2004 had no evidence supporting such a connection.
Generally, to establish 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.
Therefore, the questions that remain are whether the Veteran had an in-service incurrence or aggravation of an injury or disease, and whether a nexus, or link, between the current disabilities and the in-service disease or injuries exists.
Thus, remand is warranted for an additional examination and medical nexus opinions to correct the pre-decisional duty-to-assist errors.
Under the PACT Act, VA is required to provide a disability examination and medical nexus opinion when a veteran submits a compensation claim and has evidence of a disability and participation in a TERA, but the evidence is not sufficient to establish service connection for the disability.
l examination under subparagraph (A)) as to whether it is at least as likely as not that there is a nexus between the disability and the toxic exposure risk activity [TERA].
�?1168(a) requires both a VA examination and a nexus opinion regarding whether the Veteran's current emphysema and diabetes are etiologically related to his conceded TERA.
Remand is warranted to correct a pre-decisional duty to assist error in failing to obtain a VA examination and medical opinion addressing the Veteran's neck claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Duty To Assist
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