BVA Case 24031166: Back

BVAReal Board of Veterans' Appeals decision · September 26, 2024 · MICHELLE L. KANE

Outcome
Denied / Remanded
Decision Date
September 26, 2024
Judge
MICHELLE L. KANE
Service Era
October 1990 to August 1991

Conditions Claimed

BackKneeSleep ApneaShoulderHipAnkleHeartDiabetesRespiratoryGI

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
See your full claim picture — free
Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

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.

Issues on Appeal

BackKneeSleep ApneaShoulderHipAnkleHeartDiabetes

Why It Was Decided This Way

The Veteran's right knee, bilateral shoulder, and bilateral elbow disabilities are not related to an in-service injury or disease, to include as due to service in Southwest Asia and/or exposure to hazardous materials.

By way of history, the Board denied, in part, the claims for service connection for chest pains, a respiratory disorder, and a joint disorder in a June 2017 Board Decision.

For disabilities that are not service-connected under 38 C.

Pettyjohn's statement does not warrant any probative weight in favor of (or against) the Veteran's claims as it is not clear which diagnoses are encompassed in the nexus opinion.

314, 316-17 (1998) (holding that information contained within treatises is generally too abstract to prove the nexus element of a service-connection claim, although it is possible that a treatise might "discuss generic relationships with a degree of certainty" that would allow a finding of "plausible causality based upon objective facts.

This letter has no probative value on the determinative issue in this case, specifically whether there is a causal nexus between the in-service exposures and this Veteran's current disabilities.

The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease.

The physician merely concludes: "Given his personal history, rigors of military service in the field and during physical training and its resulting chest pains and respiratory condition and his pain of the knees and ankles, it's more likely than not related to his military tour of duty and from his days of service in the military.

Authorities Cited

Clain v. NicholsonDavidson v. ShinsekiDyment v. WestJandreau v. NicholsonKing v. ShinsekiLynch v. McOrtiz v. PrincipiRodriguez v. PeakeRomanowsky v. ShinsekiSacks v. WestSee Stegall v. WestShedden v. PrincipiStefl v. NicholsonStewart v. WilkieWalker 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 3.303(d)38 CFR 3.309(a)38 CFR 3.317(a)(1)38 CFR 3.317(a)(1)(ii)38 CFR 3.317(a)(2)(i)38 CFR 3.317(a)(2)(ii)38 CFR 3.317(e)38 CFR 4.1438 USC 111038 USC 111738 USC 1117(a)(1)

Denial Type

Credibility|No Nexus|Not Service Connected|Duty To Assist

Find Similar Precedent for Your Claim

VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.

Run my claim through VetAid →
Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

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.