CAVC Case 90-548: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · September 5, 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
BackKneeHip
Why It Was Decided This Way
On March 13, 1989, the RO rating board concluded that "[t]he evidence does not warrant a change in the [10-percent rating for the] veteran's SC [service-connected] pes planus.
s not in accordance with the requirement in law that, if a veteran's claim is established by a fair preponderance of the evidence, it will be granted.
Third, the Secretary maintains that the BVA failed to address adequately the applicability of the benefit-of-the-doubt doctrine and should have provided a discussion as to how the evidence in the case was weighed and what was the preponderance of negative evidence that resulted in denial of the claim.
Hence, although the appellant is correct in pointing out many ways in which the BVA's reasoning process is deficient, there is not a sufficiently definitive evidentiary base in the record for the Court to conclude that the BVA's decision on the right knee is clearly erroneous in the absence of further development of the medical evidence and in the absence of a statement of reasons or bases for the BVA's conclusions and an analysis of the evidence in accordance with Gilbert and its progeny.
On this issue, the BVA failed to address the veteran's statements that if he stands for more than 30 minutes his feet swell and become painful, that he is unable to stay on his feet for more than one and a half to two hours, and that he had to stop working because of his foot condition.
at 57), to warrant a clearly erroneous determination (as proposed by our dissenting colleague) because the podiatrist's opinion is, again, not definitive as to whether all of the symptoms and impairments noted are attributed to the pes planus or to some other foot problem.
While I agree with the majority that a remand is necessary in order to determine service connection for appellant's knee condition, I would reverse on the pes planus issue under 38 C.
We further noted that where the medical evidence of record is insufficient or of doubtful credibility the BVA is free to seek additional medical evidence or it may rely upon medical authority in recognized medical treatises.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Preponderance Against
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