BVA Case 220810-267751: Back
BVAReal Board of Veterans' Appeals decision · November 1, 2024 · Vito A. Clementi
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
BackKneeHearing LossEye
Why It Was Decided This Way
This evidence may prove or disprove the nexus elements of the claims for service connection for the left knee and back conditions.
510 (1992) (holding under previously applicable law that when determining whether a claim should be reopened, the credibility of the newly submitted evidence is presumed) Because of this, readjudication of these claims is warranted.
Since the AOJ in the August 2022 rating decision found that new and relevant evidence had not been received and did not address the merits of the claims, and the Board finds that new and relevant evidence was received, it is proper to remand for the AOJ to consider the claims on the merits in the first instance.
BACKGROUND FOR THE DECISION REVIEW OPERATIONS CENTER (DROC) ADJUDICATOR A pre-decisional duty to assist error occurred prior to the date of the AOJ decision on appeal.
This is a remand under VA's duty to assist and to provide medical examinations and opinions under 38 C.
The examiner must provide a fully explained response to the following THREE medical questions: QUESTION ONE: Does the Veteran have a LEFT KNEE DISORDER that was incurred in service? Why or why not? QUESTION TWO: Did the Veteran have symptoms of a LEFT KNEE DISORDER that manifested within a year of separation from service? Why or why not? QUESTION THREE: Did the Veteran have a LEFT KNEE DISORDER that was aggravated (worsened) by his service? Why or why not? The examiner is advised that the lack of medical evidence in the Veteran's medical records is not fatal to the claim and cannot be relied upon alone as a rationale for a negative medical opinion.
The examiner must provide a complete explanation for any opinion (i.
The examiner must provide a fully explained response to the following FOUR medical questions: QUESTION ONE: Does the Veteran have a BACK DISORDER that was incurred in service? Why or why not? QUESTION TWO: Did the Veteran have symptoms of a BACK DISORDER that manifested within a year of separation from service? Why or why not? QUESTION THREE: Did the Veteran have a BACK DISORDER that was aggravated (worsened) by his service? Why or why not? QUESTION FOUR: Does the Veteran have a BACK DISORDER that was caused by or aggravated by a left knee disorder, due to factors such as limping or altered gait? The examiner is advised that the lack of medical evidence in the Veteran's medical records is not fatal to the claim and cannot be relied upon alone as a rationale for a negative medical opinion.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Duty To Assist
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