CAVC Case 22-2282: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2022-03-21 · MEREDITH, 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 Connection
Why It Was Decided This Way
The appellant underwent a VA examination in March 2013;the examiner diagnosed cervical spondylytic myelopathy and opined that the condition was not related to service.
Regarding nexus,the examiner explained that there was only one report of a stiff neck during service, there was no mention of a neck condition in 1973,and a 1999 EMG showed no evidence of cervical spine myelopathy.
In 2 October 2019,the Board denied compensation for a cervical spine disability,R.
Specifically,the parties agreed that,although the Board denied benefits for the cervical spondylytic myelopathy diagnosed by the March 2013 VA examiner,the Board had acknowledged that the record contained additional cervical spine diagnoses and yet the Board failed to discuss whether benefits were warranted for those conditions.
The Board,in November 2020,remanded the claim to obtain an addendum medical opinion clarifying the appellant's cervical spine diagnoses and opining as to nexus to service.
Later that month,a VA clinician provided an addendum opinion clarifying that the appellant's current condition is cervical spinal stenosis and spondylosis,which,the clinician opined,is not related to service.
The appellant underwent a VA examination in July 2021;the examiner confirmed the diagnosis of cervical spine stenosis and spondylosis and determined that the conditions are not related to service.
In concluding that the appellant's cervical spine conditions are not related to service,the examiner explained that the appellant had one episode of treatment for acute and transitory neck spasm with no sequela during service,that the appellant's medical records from 1981 to 1985 document four episodes of acute and transitory neck pain, with no evidence of a chronic condition,and a 1985 x-ray was normal, with no evidence of arthritic or congenital condition[s].
Authorities Cited
Denial Type
Credibility|No Nexus
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