BVA Case 23016984: Back
BVAReal Board of Veterans' Appeals decision · March 19, 2023 · Vito A. Clementi
Conditions Claimed
BackKneeHearing LossTinnitusHipArthritis
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 LossTinnitusHipArthritis
Why It Was Decided This Way
17-33 381 DATE: March 19, 2023 ORDER New and material evidence was received, and the petition to reopen the claim of service connection for a left ear hearing loss disability is granted.
The criteria for new and material evidence sufficient to reopen the claim for service connection for left ear hearing loss are met.
However, if new and material evidence is presented or secured with respect to a disallowed claim, the claim shall be reopened and adjudicated.
The Board is required to address petitions to reopen previously denied claims based upon new and material evidence in the first instance.
Regardless of whether the RO found new and material evidence to reopen a claim, the Board is not bound by such a determination and must nevertheless consider whether new and material evidence was received.
Absent the submission of new and material evidence necessary to reopen the claim, the Board cannot adjudicate the merits of the claim.
Therefore, the Board adjudicates the new and material evidence determination required to reopen the Veteran's claim.
New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and it must raise a reasonable possibility of substantiating the claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not Service Connected|Not New Material|Duty To Assist
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