BVA Case 23034954: Back

BVAReal Board of Veterans' Appeals decision · June 21, 2023 · Jennifer White

Outcome
Granted / Remanded
Decision Date
June 21, 2023
Judge
Jennifer White
Service Era
November 2005 to July 2015

Conditions Claimed

BackKneeSkinHeartRespiratoryHypertension

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

BackKneeSkinHeartRespiratoryHypertension

Why It Was Decided This Way

As only a past history of asthma, and no current disability, was noted, the Veteran is presumed sound.

The May 2019 VA medical opinion obtained addressing a nexus between a right knee disability and service contains the factual inaccuracy that there was no evidence of any right knee injury during service.

The May 2019 VA medical opinion obtained addressing the possibility of a nexus between dermatitis and service contains the factual inaccuracy that the Veteran has not complained of dermatitis since 2014.

The May 2019 VA medical opinion addressing the possibility of a nexus between hypertension and service relied solely on the absence of an in-service diagnosis for hypertension and does not address the Veteran's contentions that he was diagnosed with high blood pressure during service, which was noted on his separation examination.

VA must provide the veteran with a medical examination and secure a nexus opinion in connection with a claim for service connection when there is evidence of a disability and evidence of participation in a TERA during active military service, but that evidence is not sufficient to grant service connection for the disability.

The examiner is informed that a positive opinion indicating a nexus to service does not require certainty.

Rather, if the weight of the evidence is in approximate balance for and against a nexus to service, the examiner should make a determination favorable to the Veteran.

) Whether the Veteran's dermatitis is at least as likely as not related to his conceded toxic exposure risk activities (TERA) from his deployment in Afghanistan and Iraq.

Authorities Cited

Aries v. PeakeEvan v. WestSee Grantham v. BrownSee Miller v. WilkieWagner v. Principi

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.304(b)38 CFR 3.304(b)(1)38 CFR 3.306(a)38 USC 111038 USC 111138 USC 111938 USC 115338 USC 1168(a)

Denial Type

No Nexus|No Current Disability

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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.