CAVC Case 92-353: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · May 27, 1994 · 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
BackRespiratoryEye
Why It Was Decided This Way
However, we hold that the Board erred in finding that the appellant's claim was well grounded and therefore vacate the February 14, 1992, decision of the Board.
Regarding the appellant's evidence in support of his claim for service connection for bronchial asthma, the Board found that the appellant had not presented sufficient credible evidence.
The Board found that the appellant's service medical records had been destroyed in the 1973 fire at the National Personnel Records Center (NPRC).
Additionally, the Board found that the evidence in support of the appellant's claim was slim.
Finally, the Board noted that the appellant stated that he had been treated three times in service for bronchial asthma through sick calls.
However, the Board found no support for such treatment in the appellant's service medical records.
The Board found it contradictory that the appellant initially stated he had been treated for bronchial asthma from September 1948 to January 1949, but later claimed to have had bronchial asthma on or about March 8, 1949, one day before his discharge.
Based upon the time that had passed between the initial observation and time of testimony, the Board found it "extremely suspect that 4 people remember the exact same date that the appellant began receiving treatment for bronchial asthma almost 40 years ago, and remember with such specificity his condition immediately following service.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not New Material
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