CAVC Case 21-5002: Back

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2021-04-19 · 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.

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Official 2026 VA monthly compensation, including the 2.8% COLA increase.

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2026 base rates, all ratings (veteran alone)
RatingMonthly (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
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Outcome
Remanded / Vacated
Decision Date
2021-04-19
Judge
SCHOELEN
Service Era
Not specified

Conditions Claimed

BackCervicalKneeAnkleSkinGIArthritisHypertension

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Issues on Appeal

Back ConditionService Connection

Why It Was Decided This Way

Whether a medical opinion is adequate is a finding of fact,which this Court reviews under the 'clearly erroneous'standard.

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.

The examiner concluded that the appellant's bilateral knee degenerative joint disease and low back condition were less likely than not related to service because he is obese,and the increased weight coupled with his age is more than likely responsible for his increased risk and arthritis findings in his knees and back.

In the decision on appeal,the Board found that the February and August 2020 VA opinions the most probative evidence because the examiners had reviewed the claims file and provided detailed and well-supported rationales.

Relying on the 2020 VA opinions to deny service connection for bilateral knee and low back conditions,the Board concluded that the preponderance of the evidence was against the claims.

He alleges that the August 2020 examiner overreached and made a credibility determination,failed to address relevant lay statements, relied solely on the absence of documentation, and did not address whether obesity caused by his thyroid condition was an intermediate step to causing his knee and back conditions.

In the alternative,the appellant argues that the Board failed to provide an adequate statement of reasons or bases for relying on the February 2020 and August 2020 medical opinions.

The Secretary concedes that the 2020 medical opinions are inadequate because the examiner failed to address pertinent lay statements.

Authorities Cited

Acevedo v. ShinsekiAllday v. BrownAries v. PeakeBarr v. NicholsonEvans v. ShinsekiFletcher v. DerwinskiGilbert v. DerwinskiIn Saunders v. WilkieIn Wait v. WilkieKutscherousky v. WestRodriguez v. PeakeRomanowsky v. ShinsekiSchafrath v. DerwinskiSee Best v. PrincipiSee Frankel v. DerwinskiSee Kay v. PrincipiSee Miller v. WilkieSee Tadlock v. McSee Tucker v. WestStefl v. NicholsonStewart v. WilkieVoerth v. West

Denial Type

Credibility|Preponderance Against|Duty To Assist|Inadequate Exam|No Current Disability

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