CAVC Case 19-0200: Knee
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2018-09-12 · BARTLEY, Chief 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
KneeHearing LossTinnitusShoulderHeadacheHeartGIErectile DysfunctionHypertension
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Issues on Appeal
Service ConnectionEffective DateReopenKnee ConditionHearing Loss
Why It Was Decided This Way
,appeals through counsel a September 12,2018,Board of Veterans'Appeals (Board)decision finding no new and material evidence sufficient to reopen previously denied claims for service connection for,inter alia,a left knee disorder,a right knee disorder,and a heart disorder,including as secondary to hypertension.
In the same decision,the Board denied entitlement to an initial disability evaluation in excess of 10% for gastroesophageal reflux disease (GERD).
In the September 2018 decision on appeal, the Board found no new and material evidence to reopen the appellant.
The Board found that evidence to be cumulative of the evidence of record at the time of the prior final denials.
3 The Court reviews for clear error the Board's determination that a claimant did not submit new and material evidence sufficient to reopen a previously denied claim.
The Board's determination of the appropriate degree of disability is also a finding of fact and similarly 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 that it finds persuasive or unpersuasive,and provide reasons for its rejection of material evidence favorable to the claimant.
Authorities Cited
Denial Type
Credibility|Not New Material
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