CAVC Case 23-6946: Back

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2025-09-24 · SCHOELEN

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.

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

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)
RatingMonthly (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
See your full claim picture — free
Outcome
Reversed / Vacated / Remanded
Decision Date
2025-09-24
Judge
SCHOELEN
Service Era
Not specified

Conditions Claimed

BackCervicalShoulderHeadacheTBIHeartTDIUArthritisRadiculopathy

Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.

Issues on Appeal

Back ConditionService ConnectionEffective DateReopenTDIUIncreased Rating

Why It Was Decided This Way

The RO found that the evidence did not show that the appellant had incurred a cervical spine disability during his in-service MVA and that any present disability was not related to service.

In a November 1997 rating decision,the RO found that the October 1997 buddy statement was not new and material evidence adequate to reopen the claim for service connection for residuals of head injury.

The RO found that x-rays showing degenerative joint disease, a nerve study consultation indicating the appellant's history of neck and back pain,and VA treatment records showing chronic neck and back pain with limited motion were not new and material evidence.

The RO found that VA medical records were not new and material evidence sufficient to reopen a finally adjudicated claim.

In November 2021,the Board found that the August 2015 rating decision had not been appealed and became final,with no further action until the March 2020 claim.

At briefing,the Secretary conceded that the Board failed to determine whether the October 1997 buddy statement was new and material evidence and whether the May 2002, September 2007,and August 2015 rating decisions considered the buddy statement within the context of 3.

3 Case:23-6946 Page: 4 of 10 Filed:09/24/2025 In October 2023,the Board denied an effective date before March 22,2020,for service connection for a neck injury.

First,the Board unequivocally found that the October 1997 buddy statement was new and material evidence that VA had received within 1 year of the March 1997 decision,so that decision did not become final.

Authorities Cited

Beraud v. McBond v. ShinsekiBrokowski v. ShinsekiDeal v. CollinsFletcher v. DerwinskiHampton v. McHanson v. BrownHersey v. DerwinskiIn Mitchell v. McMedrano v. NicholsonMedrano v. ShinsekiPickett v. McSee Deloach v. ShinsekiSee Frankel v. DerwinskiSutton v. Nicholson

Denial Type

Not New Material

Find Similar Decisions for Your Claim

VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.

Run my claim through VetAid →
Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.

VetAid is a free veterans claims tool, not a VA-accredited representative — it does not file anything with VA for you, and it works alongside your accredited VSO, claims agent or attorney. About VetAid