BVA Case 23008764: Back
BVAReal Board of Veterans' Appeals decision · February 9, 2023 · SHEREEN M. MARCUS
Conditions Claimed
BackHipDiabetesEyeRadiculopathy
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 |
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.
Issues on Appeal
BackHipDiabetesEyeRadiculopathy
Why It Was Decided This Way
A timely substantive appeal was received in August 2018 and the claim was subsequently remanded by the Board in a June 2019 decision in order to obtain a VA medical nexus opinion.
For the reasons outlined below, the Board finds that the weight of the evidence is in approximate balance as to whether the Veteran's peripheral neuropathy is related to his service and therefore, the Veteran is entitled to the benefit of the doubt and service connection for his bilateral lower extremity peripheral neuropathy is warranted.
sent disability and the disease or injury incurred or aggravated during service," also known as the nexus element.
Additionally, the Veteran is entitled to the benefit of the doubt when the evidence is in approximate balance or "nearly equal," and does not require that the evidence be in exact equipoise.
Under 38 USC 5107, the benefit of the doubt rule is clear and unambiguous on its face.
Whether a physician provides a basis for his or her medical opinion goes to the weight or credibility of the evidence in the adjudication of the merits.
In cases, such as here, where there are two different medical opinions, the Board must assess the credibility and weight of all the evidence, including the medical evidence, to determine its probative value.
Furthermore, the VA has a duty to uphold the benefit of the doubt rule, and in cases where the evidence is in approximate balance, service connection must be granted.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus
Find Similar Precedent for Your Claim
VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.
Run my claim through VetAid →