CAVC Case 18-6256: Back

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2018-08-03 · MOORMAN

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.

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

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)
RatingMonthly (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
See your full claim picture — free
Outcome
Affirmed / Vacated / Remanded
Decision Date
2018-08-03
Judge
MOORMAN
Service Era
January 1978 to December 1980

Conditions Claimed

BackCervicalShoulderAnkleHeadacheEyeArthritis

Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.

Issues on Appeal

Back ConditionService ConnectionEffective DateReopenIncreased Rating

Why It Was Decided This Way

at 4155 (Substantive Appeal),and in 1983, the Board denied the claims,R.

In a March 2001 decision,the Board found that the 1983 Board decision contained clear and unmistakable error (CUE).

In a December 28,2016,decision,the Board reopened the left ankle claim because of new and material evidence,and the Board remanded the left ankle,cervical spine,shoulders,and foot claims.

The Board's determinations of the appropriate degree of,and effective date for,disability compensation for a service-connected disability are findings of fact subject to the clearly erroneous standard of review.

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.

To comply with this requirement,the Board must analyze the credibility and probative value of evidence,account for evidence it finds persuasive or unpersuasive,and provide reasons for rejecting material evidence favorable to the claimant.

Left Ankle In the decision on appeal,the Board denied an effective date earlier than October 5,1990, for the grant of service connection for the appellant's left ankle disability.

The Board found that the appellant's original claim for service connection for bilateral ankle disabilities was filed on January 21,1981,and it was denied in an August 1981 RO decision.

Authorities Cited

Allday v. BrownBerger v. BrownBethea v. DerwinskiBreeden v. PrincipiCaluza v. BrownCarlo v. NicholsonClemons v. ShinsekiCoker v. NicholsonCoker v. PeakeCook v. PrincipiDe Perez v. DerwinskiEvans v. WestGilbert v. DerwinskiHanson v. BrownHersey v. DerwinskiHilkert v. WestIngram v. NicholsonLisio v. ShinsekiLocklear v. NicholsonPederson v. McRoberson v. PrincipiRobinson v. PeakeRobinson v. ShinsekiRoss v. PeakeSee Cacciola v. GibsonSee Frankel v. DerwinskiSee Ledford v. WestSee Schafrath v. DerwinskiSee Tucker v. WestSeri v. Nicholson

Denial Type

Credibility|Not New Material|Duty To Assist|Inadequate Exam|Cue

Find Similar Decisions for Your Claim

VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.

Run my claim through VetAid →
Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.

VetAid is a free veterans claims tool, not a VA-accredited representative — it does not file anything with VA for you, and it works alongside your accredited VSO, claims agent or attorney. About VetAid