BVA Case 25009736: Back
BVAReal Board of Veterans' Appeals decision · July 28, 2025 · Michael A. Pappas
Conditions Claimed
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
BackHearing LossTinnitusEye
Why It Was Decided This Way
The JMPR reads in part, "The Board failed to ensure that VA satisfied its duty to assist, because the record does not contain the VA audiograms identified in the August 2019 and February 2020 audiology notes.
In the December 2022 decision, the Board denied the issue of entitlement to increased disability evaluation for bilateral hearing loss disability in excess of 10 percent prior to November 5, 2020, and in excess of 90 percent thereafter.
The Court found that the Board erred when it interpreted a July 11, 2017, audiological examination and assigned the wrong roman numeral according to 38 C.
In a subsequent February 2024 decision, the Board denied the issue of entitlement to increased disability evaluation for bilateral hearing loss disability in excess of 10 percent prior to July 11, 2017, granted a 20 percent disability rating for the period from July 11, 2017, to November 5, 2020, and denied a disability rating in excess of 90 percent thereafter.
The Court found that the Board erred when it interpreted a July 11, 2017, audiological examination and did not properly consider an exceptional pattern of hearing loss in accordance with 38 C.
Additionally, the Court found that the Board erred by failing to consider whether it was factually ascertainable that the Veteran's hearing disability worsened prior to July 11, 2017, citing a June 28, 2017, VA treatment note in which the Veteran complained of worsening hearing symptoms.
Given the Court's concerns and the significant time period since the previous VA audiological examination, the Board found in its most recent February 2024 decision that a remand was necessary to afford the Veteran a contemporaneous examination to determine the current severity of his bilateral hearing loss.
517, 526 (1995) (indicating that, where the record does not adequately reveal the current state of the claimant's disability, fulfillment of the statutory duty to assist requires a contemporaneous medical examination, particularly if there is no additional medical evidence that adequately addresses the level of impairment of the disability since the previous examination).
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Duty To Assist
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