BVA Case 23033183: Back

BVAReal Board of Veterans' Appeals decision · June 9, 2023 · Paul R Casey

Outcome
Granted / Denied
Decision Date
June 9, 2023
Judge
Paul R Casey
Service Era
Not specified

Conditions Claimed

BackCervicalHipEyeArthritis

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

BackCervicalHipEyeArthritis

Why It Was Decided This Way

19-09 786 DATE: June 9, 2023 ORDER New and material has been submitted sufficient to reopen the claim for service connection a bilateral carpal tunnel syndrome (CTS) disability.

Following the December 2006 AOJ rating decision, there has been additional relevant evidence received that is new and material for the purpose of reopening the claim for service connection for a bilateral CTS disability.

New and material evidence has been submitted sufficient to reopen the claim for service connection for a bilateral CTS disability.

In February 2010, the AOJ denied the Veteran's claim for bilateral carpal tunnel syndrome (CTS) because the evidence was not new and material.

The Board found that, "to avoid meaningless appellate review and a waste of judicial resources, adjudication of whether new and material evidence has been received to reopen a claim for service connection for CTS must be deferred.

In reaching this determination, the Board again acknowledges that VA is statutorily required to resolve the benefit of the doubt in favor of the Veteran when there is an approximate balance of positive and negative evidence regarding the merits of an outstanding issue.

1) a current disability, (2) incurrence or aggravation of a disease or injury in service, and (3) a nexus between the claimed in-service injury or disease and the current disability.

To prevail on the issue of secondary service connection, the record must show (1) evidence of a current disability, (2) evidence of a service-connected disability, and (3) medical nexus evidence establishing a connection between the current disability and the service-connected disability.

Authorities Cited

Allen v. BrownBryan v. McDavidson v. ShinsekiHarder v. BrownQuirin v. ShinsekiReiber v. BrownSee Allen v. BrownSee Jandreau v. NicholsonSee Miller v. WilkieShedden v. PrincipiWallin v. WestWinn v. Brown

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.156 (a)38 CFR 3.30338 CFR 3.303 (2021)38 CFR 3.303(c)38 CFR 3.31038 CFR 3.310 (a)38 CFR 3.310 (b)38 USC 110138 USC 111038 USC 5107(b)38 USC 5108

Denial Type

No Nexus|Not New Material

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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.