Case 23044869: Back

DecisionVeterans-appeals decision document (court public records) · August 11, 2023 · Unknown

Outcome
Denied
Decision Date
August 11, 2023
Judge
Unknown
Service Era
August 1987 to August 1991

Conditions Claimed

BackKneeHipAnkleArthritisRadiculopathy

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

BackKneeHipAnkleArthritisRadiculopathy

Why It Was Decided This Way

To the extent the evidence is found in "approximate balance," the Board will afford the benefit of the doubt in favor of the Veteran.

2021) (holding that exact equipoise is not required for the benefit of the doubt to be applied, but rather the Veteran is entitled to the benefit of the doubt when the evidence is in approximate balance or "nearly equal").

While the Veteran is certainly competent to describe he experienced back pain during service and thereafter, competency and credibility are two separate inquiries.

The November 2016, April 2022, and February 2023 VA examiners all found that the Veteran's lower back disability was less likely than not related to his service, or otherwise related to or aggravated by the Veteran's left ankle injury.

Therefore, there is no established medical nexus for any aggravation.

In assessing the credibility of evidence, the Board may consider any number of factors, to include conflicting statements or evidence, and the potential bias of the declarant.

The Board may also dismiss competent layperson testimony if it is found to be mistaken or to otherwise lack credibility.

While the Veteran is certainly competent to describe he experienced bilateral knee pain during service and thereafter, competency and credibility are two separate inquiries.

Authorities Cited

Allen v. BrownGardin v. ShinsekiLendon v. NicholsonLynch v. McPond v. WestRobinson v. PeakeRucker v. BrownSee Buchanan v. NicholsonSee Gardin v. ShinsekiSee Lynch v. McSee Newhouse v. NicholsonSee Scott v. McSee Stegall v. WestSee Wood v. DerwinskiShedden v. PrincipiSpicer v. McTyrues v. ShinsekiWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.30338 USC 11038 USC 110138 USC 1110

Denial Type

Credibility|No Nexus|Duty To Assist

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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.