CAVC Case 23-2629: Cervical
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2024-05-20 · 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
CervicalSleep ApneaHeartHypertension
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Issues on Appeal
Service ConnectionSleep Apnea
Why It Was Decided This Way
The examiner determined that the appellant's condition was less likely than not related to service and provided the following rationale: No chronic diagnosis is made for thyroidism during service.
Two months later,the appellant requested a new examination,asserting that the opinion did not consider [his] claim under all elements for service connection.
Later in November 2021,the Board denied entitlement to benefits for OSA, finding that it had not manifested during active service and was otherwise not related to service.
Of note,the Board found that the appellant's claimed disabilities are all diseases,and therefore they can only arise from periods of A[CDUTRA], R.
and/or sleep apnea is at least as likely as not related to chemical exposure (lubricants, solvents,fuels,etc.
The following month,a VA nurse practitioner reviewed the appellant's claims file and opined that the appellant's OSA was less likely than not related to service.
She explained as follows: [T]here is scant data supporting a nexus between the current diagnosis of [OSA]and military service[,]includingchemical exposure .
Also in January 2023, the same VA nurse practitioner provided an opinion that the appellant's thyroid cancer was less likely than not related to his active service and provided the following explanation: Based on review of the available evidence,it is less likely than not that the claimed condition is due to service[,]as there is scant data supporting a nexus between the current diagnosis of ([f]ollicular)thyroid cancer and military service.
Authorities Cited
Denial Type
Credibility|No Nexus|Duty To Assist|Inadequate Exam
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