CAVC Case 90-639: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · January 25, 1993 · 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
Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.
Issues on Appeal
BackHipEyeArthritis
Why It Was Decided This Way
Appellant contends that the BVA decision is clearly erroneous.
On January 30, 1989, the rating board, in a deferred or confirmed rating decision, determined that the evidence submitted was not new and material evidence.
ANALYSIS To open a previously disallowed claim, appellant must submit new and material evidence.
In determining whether to reopen a claim, the Board must first determine whether the evidence submitted is "new and material," and second, evaluate the merits of appellant's claim in light of all of the evidence both new and old.
9, 1992) ("'New and material' evidence is evidence which is not cumulative of previously submitted evidence and which, 'when viewed in the context of all the evidence, both old and new, would change the outcome.
The determination whether evidence submitted to reopen a previously disallowed claim is new and material under 38 U.
In light of these decisions, the Court holds, as a matter of law, that the evidence submitted by appellant is new and material, and therefore the case must be remanded to the Board for reopening and adjudication on the merits.
5 In holding that the evidence is new and material, the Court notes that, with regard to the doctor's statement and appellant's sworn testimony, if this evidence is believed, it presents a reasonable possibility of changing the outcome of the claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not New Material
Find Similar Precedent for Your Claim
VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.
Run my claim through VetAid →