BVA Case 23035345: Back

BVAReal Board of Veterans' Appeals decision · June 22, 2023 · SHEREEN M. MARCUS

Outcome
Denied / Remanded / Granted
Decision Date
June 22, 2023
Judge
SHEREEN M. MARCUS
Service Era
Not specified

Conditions Claimed

BackTinnitusHipEye

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

BackTinnitusHipEye

Why It Was Decided This Way

New and material evidence has been received to reopen the Veteran's claim for right eye glaucoma.

The RO's decision to reopen the claim is not binding on the Board, and consequently, the Board is obligated to consider the issue of new and material evidence and make independent determinations.

Accordingly, the claim may now be considered on the merits only if new and material evidence has been received since the time of the prior adjudication.

New and material evidence" can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened and must raise a reasonable possibility of substantiating the claim.

In determining whether evidence is new and material, the "credibility of the evidence is to be presumed.

Since the May 1998 Board decision, evidence received includes additional lay statements, medical articles, various treatment records, additional VA examinations and medical nexus opinions.

In addition, the medical articles submitted by the Veteran in support of his claim indicate a potential nexus between his currently diagnosed glaucoma and service.

The Board notes that the credibility of this additional evidence is presumed.

Authorities Cited

Jackson v. PrincipiJustus v. PrincipiRobinson v. PeakeSacks v. WestSee Ellington v. NicholsonSee Scott v. McSee Shedden v. PrincipiSee Stefl v. NicholsonSmith v. Wilkie

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.110038 CFR 20.130338 CFR 3.1(p)38 CFR 3.10238 CFR 3.151(a)38 CFR 3.156(a)38 CFR 3.30338 CFR 3.40038 CFR 3.400(b)(2)38 CFR 3.400(o)(2)38 CFR 4.138 CFR 4.8738 USC 111038 USC 115538 USC 5101(a)38 USC 5107(b)38 USC 511038 USC 5110(a)38 USC 7104

Denial Type

Credibility|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.