CAVC Case 91-277: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · May 24, 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
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Issues on Appeal
BackHipGIEyeRadiculopathy
Why It Was Decided This Way
determined that service connection remains denied as this evidence is not considered new and material.
§ 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.
Furthermore, in order for evidence to constitute "new and material" evidence, it must raise "a reasonable possibility that the new evidence, when viewed in the context of all the evidence, both new and old, would change the outcome.
3 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.
However, it appears that, under the standard articulated in Colvin, the claim should not have been reopened, because the Board found that the evidence submitted since the June 1989 BVA decision, "seen in the context with previously considered evidence, does not raise .
Although the terms used are slightly different from those of this Court in Colvin, it is clear that the Board determined that the newly submitted evidence, "when viewed in the context of all the evidence, both new and old," does not raise a "reasonable possibility" of changing the outcome of the previous Board decision and therefore does not justify a reopening of the claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material
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