BVA Case 24026388: Shoulder
BVAReal Board of Veterans' Appeals decision · July 16, 2024 · David Gratz
Conditions Claimed
ShoulderHipSkinRespiratoryEyeErectile DysfunctionHypertension
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
ShoulderHipSkinRespiratoryEyeErectile DysfunctionHypertension
Why It Was Decided This Way
New and material evidence not having been received, the request to reopen the claim of entitlement to service connection for chronic obstructive pulmonary disease (COPD), also claimed as shortness of breath, is denied.
The Veteran's squamous cell carcinoma is at least as likely as not related to in-service sun exposure.
New and material evidence has not been received to reopen the claim of service connection for chronic obstructive pulmonary disease (COPD), also claimed as shortness of breath.
Regarding nexus, the Veteran's VA oncologist submitted a report stating the Veteran has been under the care of the medical oncology clinic since July 2015.
The Veteran's private examiner provided a nexus opinion in September 2020 in which she opined that it is highly likely and definitely more than likely that the Veteran's sun exposure during military service contributed to the development of cutaneous squamous cell carcinoma and forequarter amputation.
30, 33 (1993)) (medical opinion expressed in terms of "may" also implies "may or may not" and is too speculative to establish medical nexus.
The Veteran has three positive opinions (September 2020, February 2020, and January 2017) from private and VA clinicians favoring a nexus between the Veteran's squamous cell carcinoma and sun exposure during active-duty service.
The Board acknowledges the May 2017 VA examiner's unfavorable opinion; however, the opinion was outweighed by the reasoning within the positive nexus opinions, including the positive nexus opinion rendered by the Veteran's treating oncologist.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not New Material
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