BVA Case 230831-373372: Psychiatric

BVAReal Board of Veterans' Appeals decision · September 28, 2023 · Timothy Cothrel

Outcome

Denied / Granted

Decision Date

September 28, 2023

Judge

Timothy Cothrel

Service Era

Not specified

Conditions Claimed

Psychiatric Back Hearing Loss Tinnitus Headache Heart Diabetes TDIU Eye 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

PsychiatricBackHearing LossTinnitusHeadacheHeartDiabetesTDIU

Why It Was Decided This Way

, there is a nexus, or link, between something that happened in service and the Veteran's disability.

A Veteran is entitled to the benefit of the doubt when there is an approximate balance of positive and negative evidence on any issue material to the claim.

Because the Veteran is always given the benefit of the doubt, if the evidence as a whole supports the claim, or is in relative balance between positive and negative, the claim will be granted.

122, 129 (2000) (noting that the Board must analyze the credibility and probative value of the evidence, account for the evidence which it finds to be persuasive or unpersuasive, and provide the reasons for its rejection of any material evidence favorable to the Appellant); see also Mattox v.

[I]t is sufficient for the Board to identify key evidence and assign probative weight in its benefit of the doubt analysis.

Therefore, neither the second nor third element of service connection, a nexus or link between something that happened during service and the disability in question, is supported by the record.

Pursuant to a duty to assist, a VA medical examination was provided in October 2020.

The only remaining available evidentiary path to establishing service connection is what is known as direct service connection, meaning the nexus element is demonstrated by the evidence on a "facts found" basis rather than by a legal presumption.

Authorities Cited

Colvin v. DerwinskiFaust v. WestGilbert v. DerwinskiHatlestad v. BrownHersey v. DerwinskiIn Ray v. WilkieKelly v. DerwinskiLynch v. McMattox v. McMiller v. WilkieOrtiz v. PrincipiPersonnel Management v. RichmondPrejean v. WestRoane v. McRodriguez v. PeakeSavage v. GoberSchafrath v. DerwinskiSee Allen v. BrownSee Buchanan v. NicholsonSee Cook v. McSee Dela Cruz v. PrincipiSee Gilbert v. DerwinskiSee Gonzales v. WestSee Jandreau v. NicholsonSee Kahana v. ShinsekiSee Ortiz v. PrincipiSee Smith v. DerwinskiSee Timberlake v. GoberSee Woehlaert v. NicholsonShedden v. Principi

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.30038 CFR 20.30138 CFR 3.10238 CFR 3.159(a)(1)38 CFR 3.2500(c)(1)38 CFR 3.30338 CFR 3.303(a)38 CFR 3.303(b)38 CFR 3.30738 CFR 3.309(a)38 CFR 3.309(e)38 CFR 3.34038 CFR 3.34138 CFR 4.138 CFR 4.16(a)38 CFR 4.16(b)38 USC 111038 USC 1154(a)38 USC 1155

Denial Type

Credibility|No Nexus|Not Service Connected|Duty To Assist

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