BVA Case 11-726: Back
BVAReal Board of Veterans' Appeals decision · · LOURIE
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
The Board found that Beraud’s 1985 claim for service connection became final upon final denial of an identical claim in 1990.
Because the Department of Veterans Affairs (“VA”) failed to de- termine whether evidence Beraud timely submitted after the decision on the 1985 claim was new and material under 38 C.
Beraud again asked the RO to reopen his claim in 1992 and 2002, but the RO denied both requests because it found that he had not submitted new and material evidence justifying a reopening.
In December 2010, the Board denied Be- raud’s appeal, finding that the decision on his initial claim in 1985 and the subsequent 1990 Decision denying the identical claim were final.
Therefore, the Board determined that Beraud could not obtain an effec- tive date for his award earlier than August 27, 2004.
It also noted that, when the VA receives new and material evidence within the one-year appeal period after it issues a rating deci- sion, it “must readjudicate the claim and failure to do so may render the claim pending and unadjudicated.
According to the dissent, however, because the VA never determined whether those medical records consti- tuted new and material evidence under § 3.
156(b) requires the VA to “assess any evidence submitted during the relevant period and make a determination as to whether it constitutes new and material evidence relating to the old claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material
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