CAVC Case 04-468: TDIU
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · October 13, 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
TDIUEye
Why It Was Decided This Way
McGee's appeal from a February 12, 2004, Board of Veterans' Appeals (Board) decision in which the Board denied him an effective date earlier than April 15, 1999, for a grant of service connection for sarcoidosis with chronic obstructive pulmonary disease.
The physical evaluation board found him unfit to perform his duties because of physical disability.
In so doing, the Board concluded that "there is no evidence of VA receipt of a written claim, formal or informal, for service connection for sarcoidosis .
McGee raises a single argument–that "[t]he Board erred in failing to consider or apply 10 U.
In support of that argument, he asserts that "the benefit of the doubt rule mandates that the VA find .
The Court reviews Board factfinding under the "clearly erroneous" standard of review.
McGee's argument that that statute coupled with the benefit of the doubt doctrine "mandates that the VA find .
§ 1218 compel a conclusion that he filed a claim for VA benefits prior to his discharge from active duty in 1970–is without merit, we cannot conclude that the Board erred in determining that "there is no evidence of VA receipt of a written claim, formal or informal, for service connection for sarcoidosis .
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Preponderance Against|Duty To Assist
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