BVA Case 24019477: Cervical

BVAReal Board of Veterans' Appeals decision · May 8, 2024 · GAYLE STROMMEN

Outcome
Denied / Remanded
Decision Date
May 8, 2024
Judge
GAYLE STROMMEN
Service Era
Not specified

Conditions Claimed

CervicalSleep ApneaHipSkinEye

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

CervicalSleep ApneaHipSkinEye

Why It Was Decided This Way

19-15 919A DATE: May 8, 2024 ORDER New and material evidence has been received to reopen the previously denied claim of entitlement to service connection for sleep apnea, and the claim is reopened.

New and material evidence has been received to reopen the claim for service connection for sleep apnea.

Duties to Notify and Assist Neither the Veteran nor his representative has raised any issues with the duty to notify or duty to assist.

2016) (applying Scott to a duty to assist argument).

New and Material Evidence to Reopen Service Connection In general, rating decisions and Board decisions that are not timely appealed are final.

If new and material evidence is presented or secured with respect to a claim that has been finally disallowed, the claim shall be reopened and reviewed.

156, a claimant may reopen a finally adjudicated claim by submitting new and material evidence.

New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

Authorities Cited

Dickens v. McHolton v. ShinsekiIn Lang v. WilkieJustus v. PrincipiLang v. WilkieLisio v. ShinsekiSee Bernard v. BrownSee Chotta v. PeakeSee Dyment v. WestSee Gabrielson v. BrownSee Green v. DerwinskiSee Jandreau v. NicholsonSee Kent v. NicholsonSee Madden v. GoberSee Prejean v. WestSee Scott v. McSee Swain v. McShade v. ShinsekiShedden v. PrincipiSnuffer v. GoberStegall v. WestWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.110338 CFR 20.130338 CFR 3.10238 CFR 3.15638 CFR 3.156(b)38 CFR 3.303(a)38 CFR 3.303(d)38 USC 110138 USC 115438 USC 510838 USC 710438 USC 710538 USC 7105(c)

Denial Type

Credibility|No Nexus|Not New Material|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.