CAVC Case 09-4736: Shoulder
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2009-09-01 · SCHOELEN, 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
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Issues on Appeal
Service Connection
Why It Was Decided This Way
,through counsel,appeals a September 1,2009,Board of Veterans'Appeals (Board) decision in which the Board denied entitlement to service connection for the residuals of a right clavicle fracture.
In its September 1,2009,decision,the Board denied the appellant's claim of entitlement to service connection for residuals of a right clavicle fracture because the record was devoid of any credible,competent evidence tending to show that the [v]eteran's current complaints 'may be associated'with a clavicle fracture in service.
The appellant also argues that the Board erred (1)in finding that VA satisfied its duty to notify him of the information and evidence necessary to substantiate his claim,and (2)by failing to provide an adequate statement of reasons or bases for denying his claim.
Medical Nexus Examination The Secretary has a duty to make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant's claim for a benefit.
As part of his duty,the Secretary must provide a medical examination or obtain a medical opinion when such an examination or opinion is necessary to make a decision on the claim.
The Board must provide a statement of the reasons or bases for its determination,adequate to enable an appellant to understand the precise basis for its decision,as well as to facilitate review in this Court.
To comply with this requirement,the Board must analyze the credibility and probative value of the evidence, account for the evidence it finds persuasive or unpersuasive,and provide the reasons for its rejection of any material evidence favorable to the claimant.
The Board determined that a medical examination was not necessary because the record was devoid of any credible,competent evidence to show that any of his current complaints may in any way be associated with an in-service right clavicle fracture.
Authorities Cited
Denial Type
Credibility|No Nexus|Duty To Assist
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