BVA Case 24031166: Back
BVAReal Board of Veterans' Appeals decision · September 26, 2024 · MICHELLE L. KANE
Conditions Claimed
BackKneeSleep ApneaShoulderHipAnkleHeartDiabetesRespiratoryGI
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
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
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not Service Connected|Duty To Assist
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