CAVC Case 21-1308: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2020-11-12 · 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
BackKneeRespiratoryTDIURadiculopathy
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Issues on Appeal
Back ConditionService ConnectionKnee ConditionTDIU
Why It Was Decided This Way
The appellant , appeals a November 12,2020,Board of Veterans'Appeals (Board)decision in which the Board denied (1)service connection for a lumbar spine disorder;(2)service connection for a right knee disorder;(3)service connection for bilateral lower extremity nerve damage;and (4)entitlement to a total disability rating for compensation based on individual unemployability (TDIU).
In a November 2018 decision,the Board denied the claims for service connection for a lumbar spine disorder,a right 5 knee disorder,and nerve damage of the legs,as well as for a TDIU.
The Court also held that remand is required for the Board to attempt to secure these records or to explain why these records could not be retrieved.
The Court also held that the Board did not discuss whether VA had complied with the heightened duty to assist when it came to retrieving the appellant's service treatment records.
In addition,the Court remanded the claim for the Board to determine the credibility of the appellant's his spouse's,and his friends'lay statements.
In the November 2020 decision we consider here on appeal,the Board denied entitlement to service connection for a lumbar spine disorder,a right knee disorder,bilateral lower extremity nerve damage,and a TDIU.
PARTIES'ARGUMENTS The appellant contends that on remand, the Board mischaracterized the Court's holding as addressing only the Board's duty to explain its heightened duty to assist when discussing service treatment records.
Lumbar Spine Disability The Board must provide a written statement of its reasons or bases for findings and conclusions on all material issues of fact and law presented on the record.
Authorities Cited
Denial Type
Credibility|Duty To Assist
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