CAVC Case 92-1263: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · November 1, 1995 · 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
BackRespiratoryEyeRadiculopathyProstate
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Issues on Appeal
BackRespiratoryEyeRadiculopathyProstate
Why It Was Decided This Way
In the September 4, 1992, decision here on appeal, the Board determined, at the outset of its analysis, that because the appellant's claim was "plausible" he had "submitted a well-grounded claim within the meaning of 38 U.
The Board concluded that the SMRs contained "no indication that the veteran had any of the symptomatology included in the initial primary and secondary stages of syphilis," nor was there any evidence of a misdiagnosis of gonorrhea.
Accordingly, the Board denied the appellant's claim.
§ 7104(b) and § 5108 in which case new and material evidence would be needed before the appellant could "reopen" the claim.
The situation regarding § 5107(a) is quite unlike the superficially similar situation of a claimant who attempts to reopen a previously disallowed claim but does not offer new and material evidence.
It is true that a veteran, who elects to file a claim without sufficient evidence to "ground" it, and consequently has it disallowed, will, should he attempt to file a claim based on the same facts, have to produce new and material evidence before the adjudicators have authority to reopen and allow the previously disallowed claim.
The Court has defined "new and material" evidence as that which is of such significance that, if believed, it would, when considered with the "old" evidence, create a reasonable "possibility" that the previously disallowed claim would now be allowed.
The difference, if any, as we have defined it in our case law, between the evidence required to "well ground" a claim and that required for reopening a previously disallowed claim because of "new and material" evidence appears to be of slight degree.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material
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