BVA Case 230228-327199: Back
BVAReal Board of Veterans' Appeals decision · March 27, 2025 · R. Feinberg
Conditions Claimed
BackSleep ApneaHeadacheTDIUEye
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
BackSleep ApneaHeadacheTDIUEye
Why It Was Decided This Way
Duty to Assist VA has a duty to assist claimants in obtaining evidence to substantiate their claims until the time VA issues a notice of decision on a claim.
The claimant must provide enough information to identify and locate the existing records, including the person, company, agency, or other custodian holding the records; the approximate time frame covered by the records; and, in the case of medical treatment records, the condition for which treatment was provided.
The duty to assist requires that the Secretary make reasonable efforts to obtain records so long as those such are both relevant and adequately identified by the claimant.
Under the AMA, the Board has no duty to assist in the development of a claim.
Therefore, its ability to remand matters to the RO is limited to correct pre-decisional duty to assist errors or to satisfy a regulatory or statutory duty.
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.
2021) (exact equipoise is not required for benefit of the doubt to be applied); Gilbert v.
The benefit of the doubt doctrine is not for application in this regard.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not Service Connected|Duty To Assist
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