CAVC Case 21-0697: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2020-10-06 · 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
BackCervicalKneeAnkleSkinArthritis
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Issues on Appeal
Back ConditionService ConnectionKnee ConditionIncreased Rating
Why It Was Decided This Way
In the October 2020 decision on appeal,the Board denied an initial rating greater than 10% for tinea pedis with onychomycosis and denied service connection for a low back disability,a right knee disability,a left knee disability,and a left ankle disability.
2 The Board denied a rating higher than 10%under the pre- amended version of DC 7806 based on a finding that the evidence showed only topical medications for the treatment of tinea pedis with onychomycosis.
The Board denied service connection for a right knee disability based on the determination that [w]hile the Veteran reported continuing or chronic knee pain,the overall evidence,to include the October 2019 VA opinion,is against finding that his current right knee disorder manifested during service or is otherwise related to active service.
And the Board denied service connection for low back,left knee,and left ankle disabilities based on findings that there were no such current disabilities,to include no diagnoses of any such disabilities and no evidence of functional impairment of earning capacity resulting from the appellant.
To comply with this requirement,the Board must analyze the credibility and probative value of the evidence,account for the evidence that it finds to be persuasive or unpersuasive,and provide reasons for rejecting any material evidence favorable to the claimant.
The appellant argues that the Board failed to provide adequate reasons or bases for finding that his treatments for tinea pedis with onychomycosis did not constitute systemic therapy under DC 7806 (2017).
In response, the Secretary concedes that the Board erred under Burton .
118,the Board failed to make a finding of fact concerning whether [ the appellant.
Authorities Cited
Denial Type
Credibility|Duty To Assist
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