CAVC Case 23-3986: Cervical
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2024-07-19 · 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 ConnectionEffective DateIncreased Rating
Why It Was Decided This Way
July 2016 Board Decision and Appeal In a July 2016 decision,the Board denied a rating higher than 20%for left shoulder dislocation,status postsurgical repair with residual tendinitis and surgical scars; and the Board denied a rating higher than 10% for left upper extremity peripheral neuropathy of the 4 Case:23-3986 Page: 5 of 16 Filed:07/19/2024 musculocutaneous nerve,status post left shoulder surgery with residual scars.
The parties agreed that the Board failed to address favorable evidence in finding that the appellant.
The parties also agreed that the Board failed to address whether the September 2015 examination was adequate given the examiner's finding that the appellant.
Finally,the Board noted that on remand clarification must be obtained as to whether the veteran has a peripheral nerve condition or peripheral neuropathy given that the September 2015 examination report conflicted with other evidence of record.
June 2023 Board Decision In the June 2023 decision on appeal,the Board found it had jurisdiction over the ratings and effective dates for left shoulder recurrent subluxation and left upper extremity scars assigned in the March 2023 rating decision because these issues arose as part of the [v]eteran's request for an increased rating for his left shoulder dislocation.
The Board denied increased ratings and earlier effective dates for left shoulder subluxation,R.
The Board noted that for limitation of motion of the arm midway between the side and shoulder level of the minor extremity,the appellant's current disability rating is 20%under DC 5201.
The Board noted a lack of evidence that the veteran's left shoulder ROM was limited to 25 degrees from the side,even with pain or after repetitive use, at any point during the appeal period.
Authorities Cited
Denial Type
Non Denial Outcome
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