Case 23010056: Back

DecisionVeterans-appeals decision document (court public records) · February 16, 2023 · Unknown

Outcome
Denied / Vacated
Decision Date
February 16, 2023
Judge
Unknown
Service Era
April 1965 to June 1968

Conditions Claimed

BackHearing LossTinnitusHipHeadacheEye

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

BackHearing LossTinnitusHipHeadacheEye

Why It Was Decided This Way

In December of 2019, the Board denied, in relevant part, entitlement to service connection for Meniere's disease.

In this case, the Board concludes that the competent, probative evidence of record is not indicative of a nexus between the Veteran's Meniere's Disease and his active duty service.

In regard to a nexus, several medical opinions are of record, all of which were provided by medical professionals who are presumed to have the training and expertise to opine on the etiology of Meniere's disease.

When evaluating the evidence of record, the Board must assess the credibility and probative value of the evidence, and, provided that it offers an adequate statement of reasons or bases, the Board may favor one medical opinion over another.

However, it was agreed upon in the JMPR that this examination was inadequate because this examiner did not address whether the Veteran's Meniere's disease was related to his in-service noise exposure.

Therefore, it is less likely than not that the veteran's M�ni�re's had its nexus in service or is due to noise exposure during service.

The paternalistic nature of VA law envisions VA giving every benefit of the doubt to a potential VA claimant and it would be both unfathomable and unconscionable for VA to obligate VA-affiliated examiners to be, "paid to say no to veterans".

109 (1996) (recognizing that nurses' statements regarding nexus were sufficient to make a claim well grounded); Williams, 4 Vet.

Authorities Cited

Bastien v. ShinsekiComer v. PeakeCox v. NicolsonGilbert v. DerwinskiGoss v. BrownGuerrieri v. BrownHensley v. WestHill v. McJandreau v. NicholsonNolen v. GoberObert v. BrownParks v. ShinsekiPersonnel Management v. RichmondRobinson v. MansfieldRobinson v. ShinsekiRodriguez v. PeakeSee Bostain v. WestSee Colvin v. DerwinskiSee Combee v. BrownSee Forshey v. PrincipiSee Layno v. BrownSee Owens v. BrownSee Reonal v. BrownSee Routen v. BrownSee Sacks v. WestSee Savage v. GoberSee Soyini v. DerwinskiSee White v. PrincipiShedden v. PrincipiSickels v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.159 (d)38 CFR 3.30338 CFR 3.303 (d)38 CFR 3.30738 CFR 3.307 (a)(6)(iii)38 CFR 3.309 (e)38 USC 110138 USC 111038 USC 111238 USC 5107

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.