CAVC Case 92-1391: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · April 8, 1994 · KRAMER
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
BackHipGIArthritis
Why It Was Decided This Way
The appellant claims the Board erred in declining to reopen his claim for a low-back disorder as caused by either an in-service injury or as secondary to an in-service appendectomy because it failed to determine whether the evidence submitted by the appellant was new and material.
We hold that the evidence submitted by the appellant is new and material, and therefore this claim will be remanded.
However, we also hold that there is no new and material evidence as to the appellant's claim that his back condition was aggravated by service or that it was a secondary result of the use of spinal anesthesia during an in-service operation, and therefore this portion of the Board's decision will be affirmed.
The appellant further claims the Board erred in denying service connection for the postoperative duodenal ulcer because he asserts it is secondary to service-connected disabilities.
The Board found that the ulcer was not caused by current service-connected disabilities.
We hold that 2 this determination is not clearly erroneous, and accordingly will affirm the Board on this matter.
However, the Board failed to consider that the ulcer may have been related to the low-back disorder, and shall be required to consider this issue on remand if the Board determines that the back condition is service connected.
Finally, the appellant asserts that the Board's determination that he is not entitled to an increased rating for residuals of a small bowel resection is clearly erroneous.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material|Duty To Assist|Cue
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