CAVC Case 03-2009: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · August 22, 2006 · HAGEL
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
BackHipSkinRespiratoryEye
Why It Was Decided This Way
Roebuck does not contest the Board's 2003 finding on the issue of asbestos exposure and instead asserts that the Board erred in its 2002 determination denying service connection for a lung disorder secondary to nicotine 2 dependence.
We further hold that the December 2002 and October 2003 Board decisions must be vacated and remanded because the Board erred when it failed to apply 38 C.
156(b) (2005), which requires that new and material evidence received prior to the expiration of the appeal period will be considered as having been filed in connection with the claim pending at the beginning of the appeal period.
He asserted in the letter that the examining VA physician should be instructed that his statement supported by his mother's statement "does constitute a well-grounded claim requiring a [nexus] medical opinion.
Roebuck's mother as new and material evidence and that it had not received a Notice of Disagreement regarding the June 9, 1998, regional office decision.
On December 11, 2002, the Board issued a decision wherein it addressed the question of "[w]hether new and material evidence has been presented to reopen a claim of service connection for a lung disorder secondary to tobacco use and nicotine dependence.
The Board noted 4 that the "claim of entitlement to service connection for a lung disorder, secondary to asbestos exposure will be the subject of a later decision.
Roebuck's June 29, 1998, communication should be construed as a claim to reopen based on new and material evidence but that the "date of his claim to reopen controls the determination of the date-of-claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Not New Material
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