CAVC Case 24-6198: Cervical
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2025-07-30 · 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
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
Knee Condition
Why It Was Decided This Way
The appellant underwent a VA scar examination in September 2021, and the examiner opined that the scars documented in previous VA examination reports and the recurrent carbuncles were not related to his service-connected PFB.
Parties'Arguments The appellant first argues that, in finding that a higher rating was not warranted for left knee patellofemoral pain syndrome,the Board failed to adequately consider his symptoms during flare-ups.
As for his rating for left knee instability under DC 5257, the appellant contends that the Board erred by requiring that he have a formal prescription for his over-the-counter knee brace in order to warrant a higher rating.
The Board's determination of the proper disability rating is a finding of fact that the Court reviews under the clearly erroneous standard of review.
A finding of fact is clearly erroneous when the Court,after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed.
As with any material issue of fact or law,the Board must provide a statement of reasons or bases that is adequate to enable a claimant to understand the precise basis for the Board's decision,as well as to facilitate review in this Court.
Board's Decision 4 After recounting the pertinent evidence,including the October 2018, September 2019,June 2021,and October 2022 VA examination reports,medical treatment records,and lay testimony, the Board determined that a rating in excess of 10%was not warranted for either left knee patellofemoral syndrome or instability.
In discussing the appellant's journals of his symptoms,the Board noted that they included accounts of post-operative pain,giving way,.
Authorities Cited
Denial Type
Unclassified
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 →