CAVC Case 22-1071: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2021-10-26 · 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
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Issues on Appeal
Back ConditionService ConnectionIncreased Rating
Why It Was Decided This Way
October 2019 Board Remand and Development In an October 2019 remand order,the Board found that a new VA examination was required to address the severity of her service-connected left ring finger disability because the veteran testified that the disability had worsened since her last examination in December 2013.
The Board also ordered an addendum opinion concerning service connection for a right great toe and foot disorder because the VA examiner failed to consider all the veteran's right toe and foot complaints.
The Board also found that the December 2013 and April 2014 VA opinions addressing dermatitis were incomplete because the examiners did not consider whether her current skin disorder is related to her treatment in service for probable pityriasis rosea (in January 1975) and allergic dermatitis versus scabies (in August 1979).
October 2021 Board Decision In the October 2021 decision on appeal,the Board denied service connection for right thumb and right index finger disabilities.
The Board found that the veteran had a current diagnosis of tenosynovitis of the right index finger and thumb and had contended that she injured her right index finger and thumb during service and continued to experience pain in her index finger and thumb after separation from service.
The Board found that the veteran had a current diagnosis of a right great toe and foot condition,but relied on the December 2019 VA examiner's opinion that the veteran's right hallux valgus,hallux rigidus,and right toe fracture residuals were less likely incurred in or caused by in- service injuries.
The Board noted that the examiner opined that the veteran's 1978 and 1979 right great toe and right foot conditions were acute in nature,and in-service treatment for foot pain was less likely than not related to her current conditions.
The Board denied service connection for dermatitis, finding that although the veteran had a current skin condition,including contact dermatitis,it was not related to her in-service complaints and treatments for skin conditions.
Authorities Cited
Denial Type
Credibility|Duty To Assist|Inadequate Exam
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