BVA Case 05-0808: Back
BVAReal Board of Veterans' Appeals decision · · SCHALL
Conditions Claimed
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 |
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Issues on Appeal
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Why It Was Decided This Way
In its decision, the Veterans Court reviewed, as a question of fact under a clearly erroneous standard of review, the Board’s finding that, in the course of considering Mr.
In August of 2000, the Board determined that a ten percent disability rating was warranted from March 10, 1992, to March 27, 1995, but that a noncompensable rating was warranted from March 28, 1995.
On February 15, 2005, the Board concluded that a rating in excess of ten percent was not warranted and found that the VA had “made all reasonable efforts to assist the appellant in the development of his claim and has notified him of the information and evidence necessary to substantiate his claim.
In its August 31, 2006 decision, the Veterans Court reviewed, as a question of fact under the clearly erroneous standard of review, the Board’s finding that the VA’s May 17, 2004 letter to Mr.
The Veterans Court determined that the Board’s finding was “not clearly erroneous.
Garrison asserts that the Veterans Court committed legal error by applying the clearly erroneous standard of review to the Board’s finding of VCAA compliance.
Garrison’s contention on appeal is that because “whether the record as a whole shows adequate compliance with the statutory process implicates broader legal principles characteristic of questions of law,” the Veterans Court erred in employing the clearly erroneous standard of review in reviewing the Board’s finding that the VA complied with the notice requirements of section 5103(a).
(3) hold unlawful and set aside decisions, findings (other than those described in clause (4) of this subsection), conclusions, rules, and regulations issued or adopted by the Secretary, the Board of Veterans’ Appeals, or the Chairman of the Board found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; .
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Unclassified
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