BVA Case 22066507: Back
BVAReal Board of Veterans' Appeals decision · November 29, 2022 · SHEREEN M. MARCUS
Conditions Claimed
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
BackHipRespiratoryEye
Why It Was Decided This Way
In a June 2016 rating decision, the RO declined to reopen the Veteran's claim finding no new and material evidence had been submitted.
The Veteran subsequently appealed and in a November 2018 Board decision, new and material evidence was found, and the Veteran's pulmonary condition claim was reopened.
A remand was then ordered for additional development to include obtaining a VA medical examination with a medical nexus opinion.
When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of the matter, the benefit of the doubt will be given to the veteran.
Following the Board's remand in September 2020, a new VA medical nexus opinion was obtained in January 2021.
The same examiner provided an additional medical opinion later in January 2021 including an identical negative nexus opinion for the Veteran's COPD.
Upon subsequent remand by the Board in November 2021, an additional medical nexus opinion was obtained in March 2022.
The examiner opined that the Veteran had no current diagnosis of any pulmonary disability that was as likely as not related to service.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Not New Material
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