Case 240517-440505: Psychiatric

DecisionVeterans-appeals decision document (court public records) · May 30, 2025 · REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

Outcome
Denied / Remanded / Granted
Decision Date
May 30, 2025
Judge
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
Service Era
September 1961 to September 1989

Conditions Claimed

PsychiatricBackSleep ApneaHipAnkleHeartRespiratoryArthritisRadiculopathyProstate

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
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Issues on Appeal

PsychiatricBackSleep ApneaHipAnkleHeartRespiratoryArthritis

Why It Was Decided This Way

Continuity of symptomatology may be shown by demonstrating "(1) that a condition was 'noted' during service or any applicable presumption period; (2) evidence of post-service continuity of the same symptomatology; and (3) medical or, in certain circumstances, lay evidence of a nexus between the present disability and the post-service symptomatology.

When evaluating the evidence and rendering a decision on the merits, the Board is required to assess the credibility and probative value of proffered evidence in the context of the record as a whole.

428, 435 (2011), as to the specific issue in this case, a diagnosis and nexus between the diagnosis and active service is outside the realm of common knowledge of a lay person.

In the absence of a nexus, the claim for service connection for lumbar spine disability is denied.

Notwithstanding, the Veteran may still prevail in his claim if the medical evidence establishes a causal link, or nexus, between his exposure to herbicides and/or contaminated water at Camp Lejeune and his diagnosed COPD or, in the alternative, between the COPD and active service.

In the absence of a nexus, the claim for service connection for a long condition is denied.

Notwithstanding, the Veteran may still prevail in his claim if the medical evidence establishes a causal link, or nexus, between his exposure to herbicide agents and contaminated water and his diagnosed COPD or, in the alternative, between the claimed COPD and active service.

The examiner stated that the medical literature revealed 'no' definitive or quantitative studies showing a specific chemical exposure etiology, direct physical link or association, or research date studies to support a direct, valid or plausible nexus to the 'respiratory condition of sleep apnea and exposure to TERA due to military service in the CLNC and/or RVN regions.

Authorities Cited

Barr v. NicholsonCombee v. BrownDavidson v. ShinsekiFenderson v. WestGilbert v. DerwinskiHart v. MansfieldJandreau v. NicholsonKahana v. ShinsekiKing v. ShinsekiLayno v. BrownOrtiz v. PrincipiRodriguez v. PeakeSchafrath v. DerwinskiSee Barr v. NicholsonSee Evans v. WestSee Gilbert v. DerwinskiSee Jandreau v. NicholsonSee Stefl v. NicholsonShedden v. PrincipiWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.30338 CFR 3.10238 CFR 3.303(a)38 CFR 3.303(b)38 CFR 3.30738 CFR 3.309(a)38 CFR 4.138 CFR 4.338 CFR 4.31 (2021)38 CFR 4.738 USC 111038 USC 111238 USC 113138 USC 1154(a)38 USC 115538 USC 5107

Denial Type

Credibility|No Nexus|Inadequate Exam

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