CAVC Case 89-53: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · October 12, 1990 · NEBEKER, Chief 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
BackHipEye
Why It Was Decided This Way
Section 4061(a)(4) provides that the Court may set aside a finding of material fact by the Board of Veterans' Appeals (BVA) only if such finding is "clearly erroneous.
Section 3007(b) gives a veteran "the benefit of the doubt" when there is an approximate balance of positive and negative evidence on a material issue.
olved without leaving any residual disability" (Gilbert at 7), and that he was not entitled to the "benefit of the doubt".
However, the BVA decision includes neither an analysis of the credibility or probative value of the evidence submitted by and on behalf of the veteran in support of his claim nor any explanation for the bare conclusion that "the Board does not find that [the] doctrine [of reasonable doubt] would warrant allowance of the benefit sought on appeal.
He asks that we reverse the decision of the Board denying him entitlement to service connection for his current back disability on the ground that the BVA's finding that he did not suffer an injury to his back while in the military service was clearly erroneous.
The veteran argues that, because a preponderance of the available evidence is in favor of granting service connection for his current back disability, the Board erred in relying on the absence of clinical documentation in his medical service records.
The Secretary argues that the BVA's finding of fact that the veteran had not demonstrated that he suffered a back disability, which was initially reported to the VA many years after discharge, due to an injury incurred during his military service is not clearly erroneous.
The "Clearly Erroneous" Standard of Review Congress has provided that this Court .
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Preponderance Against
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