CAVC Case 91-1292: Shoulder
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · February 24, 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
ShoulderHeartDiabetesEye
Why It Was Decided This Way
In addition, coronary heart disease, and diabetes are listed as "OTHER SIGNIFICANT CONDITIONS--Conditions contributing to death but not related to [immediate cause].
In a subsequent rating decision dated September 22, 1989, the RO denied service connection for the veteran's death based on new and material evidence.
As the "REASONS FOR DECISION," the SOC noted: There is no new and material evidence to establish that conditions causing death were incurred or aggravated while the veteran was on active duty or that these conditions became manifest to a degree of at least 10 percent within one year of his release from active duty.
§ 5108 (West 1991) which states that "[i]f new and material evidence is presented or secured with respect to a claim which has been disallowed, the Secretary shall reopen the claim and review the former disposition of the claim.
First, the BVA must determine whether the evidence is "new and material".
Second, if the BVA determines that the claimant has produced new and material evidence, the case is reopened and the BVA must evaluate the merits of the veteran's claim in light of all the evidence, both new and old.
Whether evidence submitted to reopen a previously disallowed claim is new and material under 38 U.
312(c)(1) provides: Contributory cause of death is inherently one not related to the principal cause.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material|Duty To Assist
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