CAVC Case 91-266: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · December 21, 1992 · 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
BackHearing LossHipHeadacheSkin
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Issues on Appeal
BackHearing LossHipHeadacheSkin
Why It Was Decided This Way
Cuevas appeals from a November 9, 1990, decision of the Board of Veterans' Appeals (BVA or Board) which denied his previously disallowed claim for service connection for hearing loss on the grounds that no new and material evidence had been submitted to reopen the claim.
An SOC issued in 1990 shows that on March 24, 1988, the VA sent a letter to the veteran "advising him that service connection had been denied and that he must submit new and material evidence to reopen his claim," but the letter itself is not in the record.
On March 22, 1990, the Hearing Officer denied the veteran's claim because "testimony and argument presented at the hearing [did] not present new and material evidence to warrant service connection for hearing loss.
On June 22, 1990, the VA issued a rating decision on appeal which noted that an appeal had been taken from a deferred rating decision dated February 1, 1989, and that the issue was "whether or not the veteran had submitted new and material evidence to establish service connection for hearing loss.
Because the veteran did not perfect a timely appeal to the Board in 1986, the November 25, 1985, rating decision was final, and in order to reopen his claim, the veteran was required to submit new and material evidence.
Therefore, the issue presented in this appeal is whether the veteran presented new and material evidence to reopen his 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.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not New Material|Duty To Assist|Cue
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