CAVC Case 20-4067: Cervical
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2020-04-22 · MEREDITH, 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
CervicalKneeSleep ApneaShoulderAnkleHeadacheTBIRespiratoryTDIUArthritis
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Issues on Appeal
Back ConditionService ConnectionEffective DateReopenKnee ConditionIncreased RatingSleep Apnea
Why It Was Decided This Way
In October 2006,the Board denied entitlement to higher disability ratings for the appellant's right shoulder disabilities.
In August 2007,the Board denied the appellant's claim,R.
The RO denied entitlement to benefits for right carpal tunnel syndrome and continued to deny entitlement to benefits for a left wrist disability,to include carpal tunnel syndrome,finding that the appellant had not submitted new and material evidence with respect to that claim.
He further argues that the Board overlooked an in-service injury and that the Board failed to define whether [he]had received bilateral shoulder treatment during the presumptive period,if the injury disturbed his earning capacity[,].
The appellant further argues that the Board failed to consider whether he was entitled to a temporary total evaluation prior to February 2017,based on his left shoulder surgery.
He also asserts that he challenged the examiners'competency before the Board,but the Board ignored the petition and violated its duty to assist.
Next,the appellant argues that the Board erred in failing to ensure that VA satisfied its duty to assist him because the Board neglected to coordinate tests for his TBI.
The appellant contends that [t]he Board erred when it rejected 'clear and unmistakable evidence'that [he]had a left knee condition preceding service[,] failed to discuss whether this condition was aggravated beyond the natural progression o[f]the disease[,]and if it could have triggered additional disabilities.
Authorities Cited
Denial Type
No Nexus|Not New Material|Duty To Assist|Inadequate Exam
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