BVA Case 23029153: Psychiatric
BVAReal Board of Veterans' Appeals decision · May 18, 2023 · Vito A. Clementi
Conditions Claimed
PsychiatricBackCervicalKneeHearing LossHipHeartEyeArthritis
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
PsychiatricBackCervicalKneeHearing LossHipHeartEye
Why It Was Decided This Way
The applicability of the reasonable doubt doctrine has been considered; however, since the preponderance of the evidence is against the claim, the benefit-of-the-doubt rule does not apply.
In deciding an appeal, the Board must analyze the credibility and probative value of the evidence, account for the evidence which it finds to be persuasive or unpersuasive and provide the reasons for its rejection of any material evidence favorable to the claimant.
Further, competency of evidence differs from the weight and credibility of evidence.
Competency is a legal concept that determines whether testimony may be heard and considered by the trier of fact, while credibility is a factual determination regarding the probative value of the evidence to be made after the evidence has been admitted.
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.
To the extent that the Veteran is suggesting that he has continuing back symptoms since his fall, his credibility is impugned because his separation physical examination questionnaire reflects he specifically denied then having or ever having had "recurrent back pain.
, concurring) (holding that silence in the STRs can constitute "contradictory" evidence weighing against the credibility of a claimant's testimony if the STRs are complete "in relevant part," and there is competent evidence that the claimed "injury, disease, or related symptoms would ordinarily have been recorded had they occurred").
This examination is insufficient under the law because the examiner did not consider the statements of the Veteran's service colleagues.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Preponderance Against
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