BVA Case 24025166: Hip
BVAReal Board of Veterans' Appeals decision · July 2, 2024 · SHAUN S. SPERANZA
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
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
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Inadequate Exam
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