CAVC Case 21-1298: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2020-11-12 · SCHOELEN
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
BackCervicalDiabetesTDIUEyeRadiculopathyErectile DysfunctionHypertension
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Issues on Appeal
Back ConditionService ConnectionEffective DateReopenTDIUIncreased Rating
Why It Was Decided This Way
3 He underwent a VA eye examination in March 2017,and the examiner found that the appellant's glaucoma requires continual treatment and that the appellant has advanced visual field defects bilaterally,which are more likely than not related to his service-connected glaucoma.
at 7349,the Court notes that the Board found it to have been submitted on February 23,2017, see R.
ANALYSIS It is the Board's responsibility,as factfinder, to determine the credibility and weight to be given to the evidence.
429,433 (1995)(holding that the Board is responsible for assessing the credibility and weight of evidence and that the Court may overturn the Board's decision only if it is clearly erroneous).
The Board must analyze the credibility and probative value of the material evidence,account for the evidence that it finds to be persuasive or unpersuasive,and provide the reasons for its rejection of any material evidence favorable to the claimant.
As with any material issue of fact or law, the Board must provide a statement of the reasons or bases for its determination adequate to enable a claimant to understand the precise basis for the Board's decision,as well as to facilitate review in this Court.
76,81 (1998)(noting that the assignment of a disability rating is a factual matter that the Court reviews under the clearly erroneous standard of review).
The Board determination of the proper disability rating is a finding of fact that the Court reviews under the clearly erroneous standard of review.
Authorities Cited
Denial Type
Credibility|Preponderance Against|Inadequate Exam|Rating Criteria
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