BVA Case 221110-294734: Psychiatric

BVAReal Board of Veterans' Appeals decision · December 20, 2024 · R. Bisignani

Outcome
Denied / Granted / Remanded
Decision Date
December 20, 2024
Judge
R. Bisignani
Service Era
Not specified

Conditions Claimed

PsychiatricBackKneeShoulderHipAnkleHeadacheHeartGIEye

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

PsychiatricBackKneeShoulderHipAnkleHeadacheHeart

Why It Was Decided This Way

The Board must assess the credibility and weight of all the evidence, including the medical evidence, to determine its probative value, accounting for the evidence which it finds to be persuasive or unpersuasive, and providing reasons for rejecting any evidence favorable to the claimant.

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant.

This opinion focuses mostly on the question of nexus and to the extent that it does, the Board notes that it is not relevant because service-connection for IBS is not at issue.

In reaching these conclusions, the Board has considered the applicability of the benefit of the doubt doctrine.

Establishing service connection generally requires (1) evidence of a current disability; (2) evidence of in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and the present disability.

With respect to nexus, the Veteran has been afforded three VA examinations to determine the nature and etiology of his hip condition.

The examiner addressed the Veteran's hip, ankle, and bilateral knee conditions together, opining that all are less likely than not related to the Veteran's service-connected bilateral pes planus.

The Board finds based on the evidence above that the weight of the probative evidence of record establishes nexus.

Authorities Cited

Amin v. ShinsekiAries v. PeakeBuchanan v. NicholsonButts v. BrownCaluza v. BrownClain v. NicholsonFenderson v. WestFrancisco v. BrownGilbert v. DerwinskiHart v. MansfieldJandreau v. NicholsonMelson v. DerwinskiOrtiz v. PrincipiOwens v. BrownRodriguez v. PeakeRomanowsky v. ShinsekiSaunders v. WilkieSee Copeland v. McSee Horn v. ShinsekiSee Lyles v. ShulkinSee Lynch v. McSee Masors v. DerwinskiSee Parrish v. ShinsekiSee Wallin v. WestShedden v. PrincipiStefl v. Nicholson

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.802 (a)38 CFR 3.10238 CFR 3.15938 CFR 3.30338 CFR 3.303 (a)38 CFR 3.303 (d)38 CFR 3.30438 CFR 4.11438 CFR 4.1438 CFR 4.2738 CFR 4.338 CFR 4.638 CFR 4.738 USC 111038 USC 1113 (b)38 USC 115538 USC 116838 USC 1168(a)(1)38 USC 5103

Denial Type

Credibility|No Nexus|Inadequate Exam

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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.