BVA Case 23062292: Cervical

BVAReal Board of Veterans' Appeals decision · November 22, 2023 · Jennifer White

Outcome
Denied
Decision Date
November 22, 2023
Judge
Jennifer White
Service Era
Not specified

Conditions Claimed

CervicalHipGIArthritisRadiculopathy

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

CervicalHipGIArthritisRadiculopathy

Why It Was Decided This Way

Thus, the Board finds that VA has satisfied the duty to assist.

No further notice or assistance to the Veteran is required to fulfill VA's duty to assist in development.

Continuity of symptomatology may be established if a claimant can demonstrate (1) that a condition was "noted" during service; (2) evidence of post-service continuity of the same symptomatology; and (3) medical or, in certain circumstances, lay evidence of a nexus between the present disability and the post-service symptomatology.

A nexus between a current disability and an in-service injury or event may be established by evidence of continuity of symptomatology, if the condition is a chronic disease enumerated under 38 U.

at 25 (finding that, while the Board may not ignore a Veteran's testimony simply because he or she is an interested party and stands to gain monetary benefits, personal interest may affect the credibility of the evidence); see also Caluza v.

498, 510-511 (1995) (credibility can be generally evaluated by a showing of interest, bias, or inconsistent statements, and the demeanor of the witness, facial plausibility of the testimony, and the consistency of the testimony).

2006) (the lack of contemporaneous medical evidence may be considered as one factor in assessing the credibility of lay statements).

In addition, as it pertains to the nexus or causal relationship element of this service connection claim, the Board finds that the April 2023 VA medical opinion is the most probative evidence of record.

Authorities Cited

Aries v. PeakeBarr v. NicholsonBuchanan v. NicholsonCaluza v. BrownDela Cruz v. PrincipiJandreau v. NicholsonLynch v. McOrtiz v. PrincipiPond v. WestQuartuccio v. PrincipiSavage v. GoberSee Maxson v. GoberSee Rucker v. BrownSee Stegall v. WestShedden v. PrincipiSmith v. GoberStefl v. NicholsonWalker v. ShinsekiWood v. Derwinski

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.704(d)38 CFR 3.10238 CFR 3.159(a)(1)38 CFR 3.30338 CFR 3.303(b)38 CFR 3.307(a)38 USC 110138 USC 111038 USC 5107(b)

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.