BVA Case 24025166: Hip

BVAReal Board of Veterans' Appeals decision · July 2, 2024 · SHAUN S. SPERANZA

Outcome
Denied / Granted
Decision Date
July 2, 2024
Judge
SHAUN S. SPERANZA
Service Era
Not specified

Conditions Claimed

HipHeadache

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

HipHeadache

Why It Was Decided This Way

Thereafter, the Board denied service connection for the Veteran's headaches in a September 2020 decision.

The parties to the JMPR agreed that the Board erred in relying on an inadequate November 2019 VA examination and opinion.

Moreover, the parties found that the Board failed to obtain the Veteran's complete military personnel and treatment records.

Moreover, the Board noted the recently enacted Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (PACT Act) which, in pertinent part, enacted new examination requirements in service connection claims for Veterans who participated in a toxic exposure risk activity (TERA).

Here, the Board noted that the AOJ did not correctly enter the Veteran's information into their Individual Longitudinal Exposure Record (ILER) search query, which rendered the AOJ's determination that the Veteran did not participate in a TERA unreliable.

A grant for service connection for a disability requires: (1) a present disability or persistent or recurrent symptoms of a disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship ("nexus") between the present disability and the in-service event, injury, or disease.

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the VA shall give the benefit of the doubt to the claimant.

The Veteran has attended a number of VA examinations and several opinions regarding a nexus between the Veteran's current symptoms and his military service have been obtained.

Authorities Cited

Ardison v. BrownFountain v. McLynch v. McRodriguez v. PeakeSee Acevedo v. ShinsekiSee Buchanan v. NicholsonSee Caluza v. BrownSee Layno v. BrownSee Stegall v. WestStefl v. NicholsonWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.30338 CFR 3.303(a)38 CFR 3.303(b)38 CFR 3.30738 CFR 3.309(a)38 USC 110138 USC 111038 USC 116838 USC 510738 USC 5107(b)

Denial Type

Credibility|No Nexus|Inadequate Exam

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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.