CAVC Case 22-464: Heart
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2021-10-28 · 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
Service ConnectionReopenTDIU
Why It Was Decided This Way
The appellant , through counsel,appeals an October 28,2021,Board of Veterans'Appeals (Board) decision in which the Board denied service connection for a disability manifested by memory loss,and further denied service connection for tremors.
In a January 2018 rating decision,the RO determined that the claim for service connection for tremors due to Agent Orange remained denied on the basis that the evidence submitted is not new and material.
In the October 2021 decision,the Board determined that the preponderance of the evidence does not establish that the appellant had tremors and a disability manifested by memory loss that was at least as likely as not related to an in-service injury, event,or disease,to include as due to Agent Orange exposure.
The Board acknowledged the appellant's representative's assertion that the appellant's tremors and memory loss might be related to Parkinson's or Parkinsonism,but the Board determined that the evidence of record does not demonstrate the [appellant]has a current diagnosis for Parkinson's or Parkinsonism disorder at any time during the appeal period.
ANALYSIS The Board must provide a written statement of the reasons or bases for its findings and conclusions on all material issues of fact and law presented on the record.
To comply with this requirement, the Board must analyze the credibility and probative value of the evidence, account for the evidence it finds persuasive or unpersuasive,and provide its reasons for rejecting any material evidence favorable to the claimant.
Board determinations regarding whether the duty to assist has been satisfied are findings of fact subject to the clearly erroneous standard of review.
A factual finding 'is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.
Authorities Cited
Denial Type
Credibility|No Nexus|Not New Material|Preponderance Against|Duty To Assist|Inadequate Exam
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