CAVC Case 18-5936: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2018-07-02 · PIETSCH, 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
BackCervicalKneeShoulderHipAnkleHeartDiabetesArthritisRadiculopathy
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Issues on Appeal
Back ConditionService ConnectionReopen
Why It Was Decided This Way
l the negative clinical opinions of record that found that appellant's right shoulder disability is not service connected.
The physician continued to opine that appellant's right shoulder condition is less likely than not related to his military service,less likely than not secondarily related to his left shoulder disability or any other service-connected disability,and less likely than not aggravated beyond expect[ation] by the left shoulder condition nor any other [service- connected]disability.
In the July 2018 decision,Board concluded that the evidence is against a finding that the [appellant's]right shoulder disability is due to his active duty service or secondary to his service- connected left shoulder disability.
The Board also concluded that the preponderance of the evidence is against the claim for service connection for erectile dysfunction.
Right Shoulder The appellant contends that the Board failed to determine that VA violated its duty to assist because it failed to obtain adequate medical opinions in determining whether his right shoulder disability is related to his service.
Appellant maintains that the VA medical opinions relied upon are inadequate because they failed to address all the legal theories of entitlement to service connection that he raised.
Specifically,he maintains that in the January 2018 opinion,the VA physician opined that [appellant's]disability is a result of aging 5 and 'use' but did not address the intermediate step in [appellant's]causal theory � that he overcompensates for his left-shoulder pain by relying on his right shoulder.
In response,the Secretary contends that when the Board denied service connection for a right shoulder disability the Board did not err in relying on the VA examinations and opinions of record.
Authorities Cited
Denial Type
Credibility|Not Service Connected|Preponderance Against|Duty To Assist|Inadequate Exam
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