BVA Case 24031104: Back
BVAReal Board of Veterans' Appeals decision · September 25, 2024 · MICHELLE L. KANE
Conditions Claimed
BackKneeHipAnkleSkinTDIUEyeRadiculopathy
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
BackKneeHipAnkleSkinTDIUEyeRadiculopathy
Why It Was Decided This Way
In the JMPR, the parties agreed the Board provided an inadequate statement of reasons and bases for its decision to the extent that it failed to address the probative value of an October 2014 VA addendum medical opinion, in the context of the rating assigned prior to October 7, 2019, as well as an October 2019 VA examiner's report that the Veteran experiences impairment of several lower extremity peripheral nerves, in the context of the rating assigned as of October 7, 2019.
In the JMR, the parties agreed that the Board provided an inadequate statement of reasons and bases for its decision to the extent that it failed to address whether a December 2021 VA examination substantially complied with the Board's October 2021 remand order.
In a September 2020 decision, the Board denied entitlement to a disability rating in excess of 40 percent for the Veteran's right lower extremity condition from October 7, 2019.
In resolving reasonable doubt in the Veteran's favor, the Board found that it was appropriate to accept that the Veteran has all of the right lower extremity nerve impairments shown in the detailed probative evidence from the period for consideration including the sciatic nerve, external popliteal nerve, musculocutaneous nerve, anterior tibial nerve, internal popliteal nerve, and posterior tibial nerve.
However, the Board noted that separate rantings for every individual nerve cannot simply be awarded where certain nerve deficits overlap in producing the same functional impairments of the lower extremity.
The Board noted that assigning separate compensable ratings for the same symptoms/functional impairment under different diagnoses would violate the prohibition against pyramiding.
In the July 2023 JMR, the parties agreed that the Board erred in failing to support its decision with an adequate statement of reasons or bases.
Specifically, the Board failed to address whether the December 2021 VA examination substantially complied with the Board's October 2021 remand order.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Inadequate Exam
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