CAVC Case 90-1150: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · September 23, 1994 · FARLEY
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
BackSkinHeartTDIUEyeArthritisHypertension
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Issues on Appeal
BackSkinHeartTDIUEyeArthritisHypertension
Why It Was Decided This Way
8 is a finding of fact that the Court must affirm unless that determination is found to be 'clearly erroneous'"); Bledsoe v.
32, 33 (1990) ("clearly erroneous" standard must be applied in assessing the Board's factual "determination of the capacity of the appellant's son to support himself").
Specifically, the appellants contended at oral argument that under Zevalkink there would have to be new and material evidence before they, as accrued-benefits claimants, could receive a merits adjudication of such accrued-benefits claims which were derived from any entitlement to disability compensation that the veterans had immediately prior to their deaths.
The Court further held that under those circumstances "there must be new and material evidence before the accrued-benefits claim may be considered, just as would have been the case if the veteran had himself been re-presenting the compensation claim.
The Court later reiterated: Therefore, just as the veteran was required to submit new and material evidence in order to obtain reopening and readjudication of his kidney claim during his lifetime, so there must be new and material evidence in order for the accrued-benefits claimant to obtain full adjudication of the accrued-benefits claim based upon "the same factual basis" as the veteran's denied service-connection claim.
85, could have achieved service connection prior to his death only through a reopening supported by new and material evidence.
4, 1992) (holding that the BVA has the authority to determine on a de novo basis whether new and material evidence existed to reopen a claim, notwithstanding the contrary determination (favorable to the appellant) and adjudication on the merits by the RO).
claim for hypertensive heart disease and beriberi; (2) for hemorrhoids and goiter, only if there is new and material evidence subsequent to the RO's 1971 final disallowance of his disability-compensation 14 claims for hemorrhoids and goiter; and (3) for arthritis/rheumatism, only if there is new and material evidence subsequent to the RO's 1982 final disallowance of the veteran's disability-compensation claim for arthritis/rheumatism.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material
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