CAVC Case 92-1410: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · February 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
BackCervicalShoulderHeadacheArthritisRadiculopathy
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Issues on Appeal
BackCervicalShoulderHeadacheArthritisRadiculopathy
Why It Was Decided This Way
Kightly, appeals the July 24, 1992, decision of the Board of Veterans' Appeals (BVA or Board) which determined that new and material evidence had not been submitted to reopen appellant's claims for entitlement to service connection for right shoulder and lumbar spine disabilities.
Because appellant has presented new and material evidence with regard to his right shoulder and lumbar spine disabilities since the BVA's final disallowance of his claims in June 1988, this Court vacates the July 24, 1992, BVA decision and remands the matter for proceedings consistent with this opinion.
The Board found that any back disorder during service was acute and transitory, subsiding without residual disability, and that his then current back trouble, for which treatment was first sought many years after discharge, was not related to service.
The Board concluded that appellant did not have a shoulder disability at the time of his separation from service.
§ 5108 (West 1991), the Secretary must reopen a previously and finally disallowed claim when "new and material evidence" is presented or secured with respect to that claim.
First, it must determine whether the evidence presented or secured since the prior final disallowance of the claim is "new and material.
The determination as to whether evidence is "new and material" is a question of law subject to de novo review in this Court under 38 U.
at 513, held that in determining whether evidence is new and material, the credibility of the evidence is to be presumed.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not New Material
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