BVA Case 23000407: Psychiatric

BVAReal Board of Veterans' Appeals decision · January 4, 2023 · Vito A. Clementi

Outcome

Denied / Granted

Decision Date

January 4, 2023

Judge

Vito A. Clementi

Service Era

January 1971 to March 1972

Conditions Claimed

Psychiatric Back Tinnitus Sleep Apnea Shoulder Hip Skin Heart Respiratory TDIU

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

Rating Married Children

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)

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

PsychiatricBackTinnitusSleep ApneaShoulderHipSkinHeart

Why It Was Decided This Way

The preponderance of the evidence is against finding that the Veteran's respiratory disorder was causally related to any disease, injury, or incident during service; or related to herbicide exposure.

1) a current disability, (2) incurrence or aggravation of a disease or injury in service, and (3) a nexus between the claimed in-service injury or disease and the current disability.

For secondary service connection, the record must show (1) evidence of a current disability, (2) evidence of a service-connected disability, and (3) medical nexus evidence establishing a connection between the current disability and the service-connected disability.

303(b), are capable of service connection based on a continuity of symptomatology without respect to an established causal nexus to service.

Credibility is a factual determination it involves deciding whether the testimony or other evidence is believable.

The Board must decide whether the evidence supports the claim, with the appellant prevailing; or whether a preponderance of the evidence is against the claim, in which case the claim is denied.

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

However, he did not address the Veteran's long history of smoking cigarettes.

Authorities Cited

Combee v. BrownDavidson v. ShinsekiDofflemyer v. DerwinskiHatlestad v. BrownJandreau v. NicholsonReiber v. BrownRodriguez v. PeakeRucker v. BrownSee Brown v. BrownSee Faust v. WestSee Kahana v. ShinsekiSee Maxson v. GoberSee Odiorne v. PrincipiSee Walker v. ShinsekiShedden v. PrincipiStefl v. NicholsonVan Hoose v. BrownWallin v. WestWoehlaert v. Nicholson

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.10538 CFR 3.105(e)38 CFR 3.30338 CFR 3.303(b)38 CFR 3.30738 CFR 3.307(a)(6)(iii)38 CFR 3.309(a)38 CFR 3.309(e)38 CFR 3.310(a)38 CFR 3.34038 CFR 3.34138 CFR 3.344(a)38 CFR 4.10438 CFR 4.16(a)38 CFR 4.16(b)38 USC 110138 USC 111038 USC 1155

Denial Type

Credibility|No Nexus|Preponderance Against

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