CAVC Case 90-235: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · May 8, 1991 · MANKIN
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
BackShoulderHip
Why It Was Decided This Way
The VARO found that the evidence 3 submitted to reopen his previously disallowed claim was not new and material and denied his claim on November 15, 1988.
Appellant then submitted medical records related to right shoulder surgery to the VARO; these too were determined not new and material on December 5, 1988, and his claim was not reopened.
That section states: If new and material evidence is presented or secured with respect to a claim which has been disallowed, the administrator shall reopen the claim and review the former disposition of the claim.
15, 1991), the BVA is charged with determining whether the evidence submitted to reopen the claim was "new and material.
Once materiality is determined, the case will be reopened and the BVA must then assess the new and material evidence in the context of the other evidence of record and make new factual determinations as to whether the claim should be allowed.
The VARO, in its December 19, 1988, rating decision, did not specifically note a finding that the new evidence submitted by appellant was "new and material.
Likewise, on appeal, the BVA did not expressly consider whether appellant had produced new and material evidence.
Accordingly, in the absence of new and material evidence or a showing of error, service connection for a back disorder is not warranted.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not New Material
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