BVA Case 23047014: Psychiatric

BVAReal Board of Veterans' Appeals decision · August 24, 2023 · Timothy Cothrel

Outcome

Denied

Decision Date

August 24, 2023

Judge

Timothy Cothrel

Service Era

Not specified

Conditions Claimed

Psychiatric Back Cervical Knee Tinnitus Hip Headache Eye Arthritis Radiculopathy

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

Rating Married Children

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)

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

PsychiatricBackCervicalKneeTinnitusHipHeadacheEye

Why It Was Decided This Way

ion nor the September 2020 addendum opinion address the October 1985 VA examination;" and (2) "[I]t failed to address the probative value of the May 2002 private medical opinion.

VA's duty to assist functions to aid a claimant in obtaining evidence necessary to substantiate a claim, but VA is not required to provide assistance to a claimant when there is no reasonable possibility that assistance would aid in substantiating the claim.

517 (1996) ("The duty to assist in the development and adjudication of a claim is not a one-way street.

190, 193 (1991) ("The duty to assist is not a one-way street.

2023) (rejecting the argument that the Board must provide give a "precise and comprehensive listing of positive and negative evidence" versus identifying and analyzing "key" evidence).

To establish entitlement to service connection, there must be: (1) a disability; (2) an in-service incurrence or aggravation of a relevant disease or injury; and (3) a causal link or "nexus" between the in-service injury or disease and the current disability.

The Board therefore gives the veteran the benefit of the doubt on any material issue, provided there is an "approximate balance of positive and negative evidence.

2021) (en banc) (the concept of the benefit of the doubt applies only in close cases).

Authorities Cited

Buchanan v. NicholsonBuczynski v. ShinsekiDavidson v. ShinsekiDyment v. PrincipiGuerrieri v. BrownHorn v. ShinsekiLuca v. BrownLynch v. McMattox v. McMaxson v. GoberMaxson v. WestOrtiz v. PrincipiPrickett v. NicholsonRodriguez v. PeakeSavage v. GoberSchafrath v. DerwinskiScott v. McSee Allen v. BrownSee Buchanan v. NicholsonSee Curry v. BrownSee Dela Cruz v. PrincipiSee Dyment v. WestSee Gambill v. ShinsekiSee Horn v. ShinsekiSee Jandreau v. NicholsonSee Kahana v. ShinsekiSee Layno v. BrownSee Miller v. WilkieSee Monzingo v. ShinsekiSee Newhouse v. Nicholson

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 21.1032(a)38 CFR 3.10238 CFR 3.10338 CFR 3.15938 CFR 3.30338 CFR 3.303(a)38 CFR 3.303(b)38 CFR 3.303(d) (2016)38 CFR 3.30738 CFR 3.307(b)38 CFR 3.30938 CFR 3.309(a)38 CFR 4.4038 CFR 4.71a38 USC 10138 USC 111038 USC 1113(b) (2014)38 USC 1154(a)38 USC 5103

Denial Type

Credibility|No Nexus|Duty To Assist

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