CAVC Case 03-1575: Knee

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2003-05-30 · GREENE, 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.

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
See your full claim picture — free
Outcome
Affirmed / Vacated
Decision Date
2003-05-30
Judge
GREENE, Chief Judge
Service Era
Not specified

Conditions Claimed

KneeHipAnkle

Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.

Issues on Appeal

Service ConnectionReopen

Why It Was Decided This Way

The appellant appeals, through counsel, a May 30, 2003, Board of Veterans' Appeals (Board) decision that found that new and material evidence had not been presented to reopen his previously denied claims for service connection for a left-ankle disorder, left-knee disorder, left-hip disorder, and residuals of a head injury.

5103A duty to assist by not procuring material records from the Social Security Administration (SSA).

The appellant also maintains that the Board failed to provide an adequate statement of reasons or bases for why it reversed a May 2002 decision review officer (DRO) decision that determined that he had produced new and material evidence.

The appellant was provided adequate notice under section 5103(a) and that there was no violation of the section 5103A duty to assist.

The appellant's claims after finding that no new and material evidence had been submitted.

The appellant a letter regarding how to complete his claim that stated: Please submit new and material evidence which has not been considered before and is specific to the issue you are claiming.

Furthermore, under the title What Evidence Can Be Considered New And Material Evidence, the letter listed the following: medical treatment in service and buddy statements from fellow service members describing your injuries and corroborating your statements regarding the occurrence.

The appellant's claims because he had not submitted new and material evidence.

Authorities Cited

Barnett v. BrownConway v. PrincipiCook v. PrincipiElkins v. WestGilbert v. DerwinskiHayre v. PrincipiHodge v. WestKent v. NicholsonLoving v. NicholsonMasors v. DerwinskiMayfield v. NicholsonPelegrini v. PrincipiQuartuccio v. PrincipiRodriguez v. NicholsonSee Barnett v. BrownSee Frankel v. DerwinskiSee Gonzales v. WestSee Murincsak v. DerwinskiSimon v. DerwinskiSmith v. West

Denial Type

Not New Material|Duty To Assist

Find Similar Decisions for Your Claim

VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.

Run my claim through VetAid →
Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.

VetAid is a free veterans claims tool, not a VA-accredited representative — it does not file anything with VA for you, and it works alongside your accredited VSO, claims agent or attorney. About VetAid