CAVC Case 01-2030: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · August 17, 2004 · 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
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Why It Was Decided This Way
) A March 1985 BVA decision denied service connection for "residuals of treated hyperthyroidism" because new and material evidence had not been submitted to reopen the June 1976 RO decision.
In May 1993, the Board denied service connection for a thyroid disorder.
The Board noted that "the medical evidence from [the appellant's] period of active[-]duty[-]for[-]training service that is available clearly demonstrates that his thyroid disorder had been manifested prior to his entrance into active[-]duty[-]for[-]training service.
In October 1995, the Board (1) reopened the appellant's claim for service connection for a thyroid disability after concluding that new and material evidence had been presented in the form of statements regarding his good health before service and medical statements from two private physicians, (2) remanded the case to the RO to afford him a 7 comprehensive medical examination, and (3) directed the RO, following the examination, to review his service-connection claim in light of the entire record.
In August 1996, the BVA Senior Deputy Vice Chairman denied the appellant's May 1996 construed motion for reconsideration of (1) the March 1985 BVA decision and (2) the March 1986 BVA reconsideration decision that had concluded that new and material evidence had not been presented to reopen the appellant's claim for service connection for residuals of treated hyperthyroidism.
In an April 1997 decision, the RO concluded that there was no CUE in the June 1976 RO decision; the appellant had argued, inter alia, that the decision contained CUE because the RO had failed to consider the presumption of soundness, aggravation, and all the evidence that was in the record at that time.
On appeal again, the Board found in April 1999 that there was no CUE in the June 1976 RO decision and that the appellant had essentially argued against "how the RO weighed the extant evidence".
In the August 2001 BVA decision here on appeal, the Board determined that the 1976 RO decision did not contain CUE.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not Service Connected|Not New Material|Duty To Assist|Inadequate Exam|Cue
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