Case 24013314: Back
DecisionVeterans-appeals decision document (court public records) · March 28, 2024 · Unknown
Conditions Claimed
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
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
BackKneeAnkleTDIUEyeArthritis
Why It Was Decided This Way
For example, the JMPR noted that the Board failed to properly address whether a new examination of the left knee was required, whether the Veteran needed a period of total disability benefits for her recent knee surgery, and whether she only had slight knee instability, because the Board's decision failed to describe how the knee was rated as "slight.
For example, the JMPR noted that the Board failed to properly address the Veteran's statements about her instability prior to November 29, 2022, that for the period after November 29, 2022, the Board improperly relied only on an examination about knee instability, and that the Board failed to discuss favorable evidence from the November 29, 2022, VA examination reporting moderate subluxation in the left knee.
the DC related to the tibia as the Veteran's April 2019 knee surgery also related to her tibia; and failed to address whether the Veteran's condition in her left knee was at any point equivalent to functional ankylosis.
The prior decision also failed to consider the Veteran's arguments in anything but a cursory way that her October 2019 VA examination was inadequate to deny a higher rating as inconsistent, and failed to consider arguments that her functional loss and overall disability picture was much higher than her rating.
Therefore, giving the Veteran the benefit of the doubt, the Board grants the Veteran temporary total benefits from June 1, 2019, to until August 1, 2019, considering that she continued in a stage of recovery through at least part of this period.
While the Board finds the January 2015 VA examination is competent, credible, and highly relevant, it failed to address flares and repeated use over time.
No other duty to notify or duty to assist issues have been raised.
2016) (applying Scott to a duty to assist argument).
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Duty To Assist|Inadequate Exam
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