CAVC Case 23-2883: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2024-06-28 · JAQUITH, 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
BackCervicalKneeHipHeartArthritisRadiculopathy
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Issues on Appeal
Back ConditionService ConnectionReopenKnee Condition
Why It Was Decided This Way
The Court remands the claim for service connection for a low back disability because,as the Secretary concedes,the Board erred by relying on inadequate VA opinions.
A VA regional office (RO) denied service connection for a back condition based on a lack of new and material evidence, and also denied service connection for a right knee condition, a left knee condition,and radiculopathy of the right and left lower extremities.
As a result of this factual inaccuracy,the Board found this opinion to be inadequate in April 2022.
Case:23-2883 Page: 5 of 13 Filed:06/28/2024 issues in appellate status were whether new and material evidence had been received to reopen a previously denied claim of service connection for a back disability and his claims for service connection for a right knee disability,a left knee disability,and left and right lower extremity sciatic neuropathy.
Regardingthe back claim,the Board noted that VA had already conceded that the in-service fall froma Caterpillar D7 and resultinglow back injury occurred.
3 The Board concluded that the radiculopathy claims were inextricably intertwined with the .
Because the May 2022 VA opinions did not consider the evidence specified in the April 2022 Board remand,the case was sent back for clarification.
In the January 30,2023,decision on appeal, the Board denied service connection for a low back disability,bilateral lower extremity radiculopathy,and right and left knee disabilities.
Authorities Cited
Denial Type
Credibility|No Nexus|Not New Material|Duty To Assist|Inadequate Exam
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