CAVC Case 20-2734: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2020-03-03 · 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
BackCervicalShoulderHipAnkleHeadacheArthritisRadiculopathy
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Issues on Appeal
Back ConditionService Connection
Why It Was Decided This Way
2 In the March 2020 decision on appeal, the Board found that the appellant.
But the Board found that the preponderance of the evidence weighed against finding that these diagnoses began during service or were related to an in-service injury, event,or disease.
The Board noted that despite reporting several medical problems at separation, the appellant.
The Board afforded the March 2019 private medical opinion no probative weight because it found that the private physician based her positive nexus opinion on an incorrect factual premise.
Because the Board found no link between a lumbar spine disorder and service,it found that service connection for bilateral radiculopathy secondary to a lumbar spine disorder was not warranted.
The appellant argues that the Board erred in not relying on the March 2019 private opinion to grant her claims.
Alternatively,she asserts that the Board failed to ensure compliance with the duty to assist to obtain medical opinions and to obtain relevant records of a right shoulder surgery.
The appellant's testimony not credible,reasonably found that VA had satisfied the duty to assist,and adequately explained the reasons for its decision.
Authorities Cited
Denial Type
Non Denial Outcome
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