CAVC Case 91-1868: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · November 5, 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
BackShoulderHipTDIUEyeRadiculopathyProstateHypertension
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
BackShoulderHipTDIUEyeRadiculopathyProstateHypertension
Why It Was Decided This Way
On February 23, 1981, the Board denied an increased evaluation for the service-connected right shoulder condition and denied service connection for the other conditions, including low back strain.
On January 4, 1991, the Board remanded the case to the RO for consideration of appellant's December 1978 period of active duty for training because neither the RO nor the BVA in 1981 had considered this period of service and because the RO in 1989 had denied reopening the claim due to a lack of new and material evidence.
On August 7, 1991, the Board denied service connection for residuals of a low back injury and for left shoulder impingement syndrome and denied an increased evaluation for the service-connected right shoulder condition.
Right Shoulder Condition Claim Appellant's claim for an increased evaluation for his service-connected right shoulder condition is a new claim, and the Court reviews the Board's findings of fact regarding new claims under a "clearly erroneous" standard of review.
Under the "clearly erroneous" standard of review, "if there is a 'plausible' basis in the record for the factual determinations of the BVA, even if this Court might not have reached the same factual determinations, [the Court] cannot overturn them.
Because the May 1989 examination indicates that appellant could abduct his right arm to 60 degrees, the Board's determination that a 30% rating was warranted has a plausible basis and is not clearly erroneous.
§ 5108 (West 1991), the Secretary must reopen a previously and finally disallowed claim when "new and material evidence" is presented or secured with respect to that claim.
First, it must determine whether the evidence presented or secured since the prior final disallowance of the claim is "new and material.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material|Duty To Assist
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 →