CAVC Case 20-5554: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2020-06-02 · 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
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Issues on Appeal
Back ConditionService Connection
Why It Was Decided This Way
2 In October 2014,the Board denied service connection for a kidney stone disability.
In October 2018,the Board denied the claim,finding that the appellant.
Instead,the Board found the June 2018 VA examiner's opinion disclaiming a link to service probative because it was based on an accurate medical history and provided an explanation that contains clear conclusions and supporting data.
The appellant reported experiencing intermittent low back pain since service,the Board did not consider whether service connection was warranted based on continuity of symptoms.
As such,the parties agreed that: [T]he Board must address [the veteran's]reports of continued low back pain since service and provide a credibility determination as to these reports.
Board determinations regarding service connection 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 its rejection of material evidence favorable to the claimant.
Authorities Cited
Denial Type
Credibility|Duty To Assist|Inadequate Exam
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