CAVC Case 19-3367: Knee

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2019-02-05 · FALVEY, 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.

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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
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Outcome
Vacated / Affirmed
Decision Date
2019-02-05
Judge
FALVEY, Judge
Service Era
Not specified

Conditions Claimed

KneeHearing LossAnkleRespiratory

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Issues on Appeal

Service ConnectionEffective DateReopenIncreased RatingHearing Loss

Why It Was Decided This Way

We are first asked to decide whether the Board erred in upholding the propriety of the rating reduction for hearing loss.

We are next asked to decide whether the Board erred in failing to address the veteran's August 2017 statement of worsening hearing loss.

Because the Board erroneously limited the timeframe of the appeal and did not consider whether the veteran was entitled to an increased rating for hearing loss after May 26, 2017,we will also set aside and remand that matter for further adjudication.

We are next asked to decide whether the Board erred in finding that new and material evidence had not been submitted to reopen a claim for a right ankle disorder.

As the Secretary concedes,because the Board failed to discuss favorable evidence of a right ankle disorder,we will remand the matter for further adjudication.

Lastly,we are asked to decide whether the Board erred in finding that service department records received after the initial denial did not warrant reconsideration of the ankle, knee,and sinusitis claims.

The appellant argues that the Board erred in upholding the reduction of his hearing loss rating from 10%to 0%effective May 26,2017,because the evidence did not show improvement in his ability to function under the ordinary conditions of life and work.

4 The Secretary bears the burden of establishing by a preponderance of the evidence that the rating reduction was warranted.

Authorities Cited

Allday v. BrownAnderson v. ShinsekiBlubaugh v. McCaluza v. BrownDofflemyer v. DerwinskiFaust v. WestFletcher v. DerwinskiFrankel v. DerwinskiGilbert v. DerwinskiHedgepeth v. WilkieKitchens v. BrownMurphy v. ShinsekiPeyton v. DerwinskiRobinson v. McSchafrath v. DerwinskiSee Brown v. BrownSee Hart v. MansfieldSee Hilkert v. WestSee Kay v. PrincipiSee Kutscherousky v. WestSee Locklear v. NicholsonSee Murphy v. ShinsekiSee Newhouse v. NicholsonSee Rossiello v. PrincipiShade v. ShinsekiTucker v. WestWeaver v. Principi

Denial Type

Credibility|No Nexus|Not New Material|Preponderance Against|Duty To Assist

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