CAVC Case 90-1218: Knee
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · March 2, 1993 · HOLDAWAY
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
KneeHipSkinTDIU
Why It Was Decided This Way
Watson appeals a July 9, 1990, Board of Veterans' Appeals (BVA or Board) decision which denied his previously disallowed claim for service connection for Buerger's disease on the grounds that the evidence submitted by appellant to reopen his claim, although new and material, did "not alter the basis upon which the prior decision was predicated.
In March 1980, a VA regional office (RO) rating board denied the veteran's claim for service connection for Buerger's disease and Raynaud's syndrome, noting that his SMRs were silent as to treatment or diagnosis of either and that the conditions were not noted upon an examination given by the VA in June 1966 pursuant to a claim by the veteran for service connection for other ailments.
On December 20, 1984, the RO rating board denied his reopened claim, stating, "Statements from the veteran [were] considered along 3 with private hospital and physician's reports, but no change is warranted in the prior denial.
On February 4, 1987, the RO rating board denied the veteran's claim for service connection for Buerger's disease and Raynaud's syndrome based on the new and material evidence submitted by the veteran since the BVA's denial of the veteran's claim for service connection for peripheral vascular disease on December 9, 1982.
In denying the claim, the rating board noted, "The current evidence submitted (including duplicate evidence of record) does not establish a diagnosis of Raynaud's Syndrome/Buerger's Disease or symptomatology thereof, in order to grant service connection in service or within the [one-]year presumptive period.
On June 5, 1987, the RO rating board confirmed the previous denial of service connection for Buerger's disease and Raynaud's disease, stating that "h[ospital] r[ecord] shows treatment for claimed condition but is not new and material in that it does not serve to connect or relate to mil[itary] service or show manifestation during presumptive period.
However, there is no medical evidence to support phys[ician's] opinion and statement is not new and material to reopen claim for s[ervice] c[onnection].
constituted new and material evidence sufficient to reopen the previously denied claim for s[ervice] c[onnection] for Buerger's Disease" and noting, "Evidence is duplicating, cumulative in nature, and including 7 the m[anu]s[cript] of [December 8, 1987,] offers no new and [material] factual basis for reopening the previously denied claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not New Material
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