CAVC Case 09-4211: Knee
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2009-07-09 · MOORMAN, 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
KneeHearing LossTinnitusShoulderRespiratoryArthritisRadiculopathy
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Issues on Appeal
Service ConnectionReopenKnee ConditionIncreased RatingHearing Loss
Why It Was Decided This Way
The challenged Board decision further determined that new and material evidence had not been received to reopen a claim of entitlement to service connection for a torn lateral meniscus of the right knee.
Left Arm Nerve Damage The appellant contends that the Board erred in denying service connection for left arm nerve damage.
Specifically,he argues that the Board failed to take into account nerve damage from surgery overseas by the USMC and by VA.
Establishing service connection generally requires medical or, in certain circumstances,lay evidence of (1)a current disability;(2)an in-service incurrence or aggravation of a disease or injury;and (3)a nexus between the claimed in-service disease or injury and the present disability.
A finding of service connection,or no service connection,is a finding of fact reviewed under the clearly erroneous standard in 38 U.
A factual finding 'is clearly erroneous when although there is evidence to support it,the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.
The Board noted the appellant's complaints of left arm pain but determined that the more probative evidence of record indicates that those symptoms are related to remnants of damage of the ulnar nerve at the elbow.
The Board ultimately relied upon a negative nexus opinion provided in a 2005 VA examination to conclude that subjective symptoms noted were most likely related to the ulnar nerve abnormality noted at the elbow,and cannot be attributed to the wrist or shoulder conditions.
Authorities Cited
Denial Type
No Nexus|Not Service Connected|Not New Material|Duty To Assist
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