Case 23031607: Back

DecisionVeterans-appeals decision document (court public records) · May 31, 2023 · Unknown

Outcome

Denied / Granted / Remanded

Decision Date

May 31, 2023

Judge

Unknown

Service Era

Not specified

Conditions Claimed

Back Knee Hearing Loss Hip TDIU Eye Arthritis Fibromyalgia

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

Rating Married Children

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)

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 LossHipTDIUEyeArthritisFibromyalgia

Why It Was Decided This Way

A medical link or nexus between the Veteran's back condition and an in-service incurrence has not been established; the Veteran's current back condition is not shown to have manifested within one year of separation from service; and continuous lumbar spine symptomology since service has not been established.

The Board gives the June 2015 VA examination only some probative value as it failed to address flare ups and repeated use over time.

No other duty to notify or duty to assist issues have been raised.

2016) (applying Scott to a duty to assist argument).

Additionally, the Veteran has a duty to assist and cooperate with VA in developing evidence - the duty to assist is not a one-way street.

The Board noted that on February 7, 2021, when the new criteria were implemented a 20 percent rating was supported.

A grant for service connection for a disability requires: (1) a present disability or persistent or recurrent symptoms of a disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship ("nexus") between the present disability and the in-service event, injury, or disease.

However, a disability, with no causal relationship ("nexus") to an in-service event can be considered service-connected by being proximately due to or aggravated by a service-connected disease or injury.

Authorities Cited

Ardison v. BrownBloom v. WestBuchanan v. NicholsonCombee v. BrownCorreia v. McDickens v. McEsteban v. BrownFenderson v. WestGonzales v. WestHart v. MansfieldJandreau v. NicholsonLuca v. BrownMitchell v. ShinsekiMoore v. ShinsekiRodriguez v. PeakeSchafrath v. DerwinskiSee Acevedo v. ShinsekiSee Barr v. NicholsonSee Burton v. ShinsekiSee English v. WilkieSee Gonzales v. WestSee Harris v. DerwinskiSee Jandreau v. NicholsonSee Lynch v. McSee Mitchell v. ShinsekiSee Rice v. ShinsekiSee Scott v. McSee Stegall v. WestSee Timberlake v. GoberSee Wallin v. West

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.15938 CFR 3.30338 CFR 3.303(a)38 CFR 3.32138 CFR 3.38538 CFR 4.138 CFR 4.1438 CFR 4.2738 CFR 4.4038 CFR 4.4538 CFR 4.5938 CFR 4.738 CFR 4.71a38 USC 111038 USC 115538 USC 5107(b)38 USC 7104(a)

Denial Type

Credibility|No Nexus|Duty To Assist|Inadequate Exam

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