CAVC Case 90-396: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · October 6, 1992 · 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
BackHearing LossHipSkinEye
Why It Was Decided This Way
If the recipient of a final adverse decision submits new and material evidence to the RO, the Secretary of Veterans Affairs (Secretary) must reopen the claim and review the former disposition of the claim.
140, 145 (1991) ("BVA must perform a two-step analysis when a veteran seeks to reopen a claim based upon new and material evidence.
171, 174 (1991) (definition of new and material evidence).
§§ 5108 and 7104 (formerly § 4004) which provide that claims finally determined by the Board may not be reopened and reevaluated absent "new and material" evidence.
In view of this standard, the "benefit of the doubt" rule of 38 U.
Of course, the later diagnosis may furnish evidence sufficient to warrant reopening a claim if the later diagnosis is both "new and material.
The reopening of a finally denied claim upon the submission of "new and material" evidence and the revision of a previous determination pursuant to 38 C.
On December 10, 1979, the RO found that the veteran had not submitted 9 new and material evidence to reopen his claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material|Cue
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