CAVC Case 23-6519: Knee
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2025-01-17 · 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 DateReopenKnee ConditionIncreased Rating
Why It Was Decided This Way
In an April 2003 rating decision,the RO found no new and material evidence to reopen a claim for a right knee condition.
However,I understand the rating criterion includes 'the benefit of the doubt going to the veteran.
The appellant that he must submit new and material evidence to reopen his claim for service connection for a left elbow broken because of a right ankle disability.
The appellant's first April 2007 statement as a reopened claim for service connection for a right elbow disability but found no new and material evidence to reopen the claim.
April 2014 Board Decision and December 2015 Memorandum Decision In an April 2014 decision,the Board denied an effective date earlier than February 25, 2010,for service connection for bilateral elbow and left shoulder disabilities.
September 2023 Board Decision In the September 2023 decision on appeal,the Board denied an effective date earlier than February 25,2010,for service connection for a right elbow disability,a left elbow disability,and a left shoulder disability.
The Board found that the veteran's claim for service connection for a left elbow disability was denied in a September 1,2005,rating decision,and that he did not submit an NOD or new and material evidence within the appeal period.
Thus,the Board found that the September 26,2005,submission did not constitute an NOD with the RO's denial of service connection for a left or right elbow injury.
Authorities Cited
Denial Type
Granted
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