CAVC Case 91-1137: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · June 15, 1993 · FARLEY
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
BackShoulderEye
Why It Was Decided This Way
In an August 6, 1990, decision, a rating board denied appellant's claims for service connection for a variety of disabilities, including claims for a right scapular disorder and residuals of shrapnel wounds of the right leg and left side of the head.
The rating board noted in its decision that "the veteran's verified POW [prisoner of war] status is less than 30 days," and, therefore, "the presumptive provisions of PLs 97-37 and 100-322 are not applicable in his case.
ANALYSIS A determination regarding service connection is a finding of fact that the Court must affirm unless that determination is found to be "clearly erroneous.
In determining whether a finding is clearly erroneous, "this Court is not permitted to substitute its judgment for that of the BVA on issues of material fact; if there is a 'plausible' basis in the record for the factual determinations of the BVA .
§ 7104(d)(1) (West 1991) and the benefit of the doubt doctrine of 38 U.
In its decision, the Board failed to address appellant's claim that his diagnosed right scapular injury resulted from his POW experience when he was hung from a tree with his hands 3 tied behind his back.
This means that decisions of the Board must contain "an analysis of the credibility or probative value of the evidence submitted by and on behalf of the veteran in support of his claim [or] a statement of the reasons or bases for the implicit rejection of this evidence by the Board.
116 (1992) (BVA required to address and evaluate credibility of appellant's statements regarding onset of disability).
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility
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