Case 23033274: Back
DecisionVeterans-appeals decision document (court public records) · June 12, 2023 · Unknown
Conditions Claimed
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
BackShoulderSkinArthritis
Why It Was Decided This Way
At which time, the Board found new and material evidence had been received to warrant reopening the previously denied claim for entitlement to service connection for a left shoulder condition.
Subsequently, the Board remanded the claim for additional development, to include obtaining outstanding hospital records and for a VA examination with a medical nexus opinion.
Establishing direct service connection generally requires (1) medical evidence of a current disability; (2) medical, or in certain circumstances, lay evidence of in-service occurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the present disability.
A 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.
Ultimately, the examiner opined that it is less likely than not that the Veteran's left shoulder condition is due to service "as there is scant data supporting a nexus between the current diagnos[es].
On the one hand, the VA examiner initially rendered a negative nexus opinion in January 2023 but did not significantly consider the Veteran's lay statements of onset and persistence since separation which was the basis for the RO seeking to obtain an addendum opinion.
On the other hand, the same examiner rendered the opposite opinion in an April 2023 addendum opinion, but the rationale provided was merely speculative indicating a nexus "can be" possible to the Veteran's described injury.
(Continued on the next page) ? Nonetheless, the examiner did recant the prior negative nexus opinion and the Board finds the evidence as a whole to be, at a minimum, in approximate balance.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not New Material
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