BVA Case 23033733: Psychiatric

BVAReal Board of Veterans' Appeals decision · June 13, 2023 · Vito A. Clementi

Outcome
Denied / Granted
Decision Date
June 13, 2023
Judge
Vito A. Clementi
Service Era
Not specified

Conditions Claimed

PsychiatricBackCervicalKneeHipEyeArthritisRadiculopathy

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

PsychiatricBackCervicalKneeHipEyeArthritisRadiculopathy

Why It Was Decided This Way

Establishing service connection generally requires (1) evidence of a current disability; (2) evidence of in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and the present disability.

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.

The examiner concluded that a nexus between service and development of the cervical spine disability had not been established because the timeframe for the development of the disability was too far removed to state the disability was due to service.

The examiner concluded that a nexus between service and development of the right and left hip disabilities had not been established because the timeframe for the development of the disabilities was too far removed to state the disabilities were due to service.

The examiner concluded that a nexus between service and development of the lumbar spine disability had not been established because the timeframe for the development of the disability was too far removed to state the disability was due to service.

Although the Veteran has cervical spine, right hip, left hip, and lumbar spine disabilities, the evidence is against a finding of a "nexus," or linkage, between the disabilities and his military service.

, a nexus between service and the cervical spine, right hip, left hip, and lumbar spine disabilities was not established.

The more probative opinions conclude that the development of the disabilities was too far removed from service to establish a nexus between service and the cervical spine, right hip, left hip, and lumbar spine disabilities.

Authorities Cited

Caluza v. BrownDavidson v. ShinsekiGuerrieri v. BrownJandreau v. NicholsonLynch v. McRodriguez v. PeakeSee Madden v. GoberSee Maxson v. GoberSee Odiorne v. PrincipiShedden v. PrincipiWalker v. ShinsekiWensch v. Principi

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 3.303 (b)38 CFR 3.303(b)38 CFR 3.303(d)38 CFR 3.30738 USC 110138 USC 111038 USC 111238 USC 5107(b)

Denial Type

No Nexus

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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.