CAVC Case 01-1156: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · February 27, 2003 · KRAMER, Chief Judge
This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.
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 |
Conditions Claimed
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Issues on Appeal
BackTDIUEyeArthritis
Why It Was Decided This Way
The Board concluded that the appellant was receiving the maximum schedular ratings allowed for his conditions.
The Board concluded that the appellant had not demonstrated that either of his back conditions, in and of itself, was sufficiently extraordinary or unusual to warrant referral to the VA C&P Service Director for consideration of an extraschedular rating.
With respect to the appellant's TDIU-rating claim, the Board concluded that additional 3 evidentiary development was necessary.
ANALYSIS The Board's findings as to the degree of impairment resulting from a disability are factual and are reviewed by the Court under the "clearly erroneous" standard under 38 U.
The Board must base its decision on "all evidence and material of record" and must provide a "written statement of the Board's findings and conclusions, and the reasons or bases for those findings and conclusions, on all material issues of fact and law presented on the record.
The appellant contends, inter alia, that the Board failed to provide an adequate statement of reasons or bases as to the issue of entitlement to an extraschedular rating under 38 C.
In circumstances where the Board does not refer a claim for extraschedular review, "the Board must provide an adequate statement of reasons or bases for its decision not to do so.
In the decision on appeal, the Board concluded that the evidence of record did not support referral of the appellant's back disabilities for extraschedular consideration.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility
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