CAVC Case 91-87: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · December 3, 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
BackCervicalKneeShoulderHipSkinTDIUEyeArthritisRadiculopathy
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Issues on Appeal
BackCervicalKneeShoulderHipSkinTDIUEye
Why It Was Decided This Way
The Court holds that the Board's determination that the evidence most recently submitted by the veteran was not "new and material" was correct.
At the hearing, a member of the rating board noted that among the evidence before the VA was a letter from a physician dated July 16, 1947, which showed that the veteran had "external otitis.
The Chairman of the RO rating board noted that the VA acknowledged "that [the veteran] had treatment for a skin condition in service" but that "it was not the [r]ating [b]oard's opinion that the skin condition he had in service was, in fact, psoriasis, and the [BVA] felt the same way, and they said that psoriasis was not diagnosed until 1970.
On February 11, 1981, the rating board denied the veteran's claim for service connection for a skin condition.
In so doing, the Board found that [i]n the absence of any .
A member of the rating board pointed out that in order to reopen a claim for service connection for a skin condition now that the BVA had denied the claim twice, the veteran would have to present new and material evidence.
Davis that the veteran's psoriasis began as dermatitis around the ears, would be new and material evidence since that report had not been before the BVA.
The BVA found that the veteran's statements, a copy of a news article regarding the veteran (which is not of record), and a report from the National Personnel Records Center indicating that no additional pertinent records are available did not constitute new and material evidence sufficient to reopen the veteran's claim of service connection for a skin disorder which had been denied by the BVA in June 1980 and 9 December 1981 and by the agency of original jurisdiction in March 1983.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material
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