CAVC Case 91-1455: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · May 12, 1993 · 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
BackHipGIHypertension
Why It Was Decided This Way
HOLDAWAY, Associate Judge: The veteran appeals a July 8, 1991, Board of Veterans' Appeals (BVA or Board) decision concluding that there was no "new and material" evidence to reopen his claims for service connection for hypertension and for a stomach disorder, both of which had been previously and finally denied by a 1987 BVA decision.
The Board concluded that there was no evidence of hypertension or a stomach disorder until many years after service.
In its July 1991 decision, the Board concluded that there was no "new and material" evidence to reopen the claims.
The Board concluded: "[W]e find the evidence is not new and material as it would not, when taken in the context of the record as a whole, establish that essential hypertension was present in service or to a compensable degree within one year of service separation.
With regard to the stomach claim, the Board concluded: The clinical evidence refers primarily to medical findings many years after service.
The Board concluded: "[T]he Board finds that the evidence is not new and material as it would not, when taken in the context of the record as a whole, establish that a stomach disorder was present in service.
ANALYSIS The Board misstated the test for "new and material" evidence in the portion of the decision just quoted.
The "new and material" evidence does not have to "establish" service connection; it must merely create a "reasonable possibility" of service connection for purposes of reopening the claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not New Material
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