CAVC Case 13-580: Heart
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2013-01-10 · 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
5103A(a), whether the Secretary's duty to assist required VA to obtain a medical opinion (R.
Following two Board remands for additional development,including receipt of a VA medical nexus opinion,which the Board found inadequate for rating purposes (R.
The Board subsequently requested clarification from the VA medical expert, noting that the cardiologist failed to address the medical significance of the EKG findings and whether the findings reveal evidence of a heart condition.
4 In the January 10,2013,decision here on appeal,the Board denied the appellant's claim for service connection for the cause of the veteran's death.
The Board found that the Secretary satisfied the duty to assist,stating that there is no indication of any other relevant evidence in VA's possession,but not in the claims file.
Relying primarily on the medical expert's June and November 2012 opinions, the Board concluded that the competent evidence of record failed to establish that the veteran's cardiac arrest, coronary artery disease,hypertension,or diabetes mellitus,manifested during service or developed as a result of service.
[O]nce the Secretary undertakes the effort to provide an examination when developing a service-connection claim,he must provide an adequate one.
5 The Secretary's duty to assist also includes making reasonable efforts to obtain all potentially relevant records that the appellant adequately identifies and authorizes the Secretary to obtain.
Authorities Cited
Denial Type
Credibility|No Nexus|Duty To Assist|Inadequate Exam
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