CAVC Case 92-483: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · February 10, 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
BackTDIUEyeRadiculopathy
Why It Was Decided This Way
The appellant claims the Board erred in determining that a 1986 grant of service connection was clearly and unmistakably erroneous.
While we do not agree that the Board's finding that there was clear and unmistakable error in the prior grant of service connection was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, we do find that the Board breached its duty to assist the appellant.
Consequently, the Court vacates the decision of the Board, and remands this case so that the Board may have the opportunity to fulfill its duty to assist.
Thus, the Board concluded that the RO's October 1986 grant of service connection was clearly and unmistakably erroneous.
Furthermore, the RO failed to indicate whether it made any credibility determinations regarding the appellant's claims.
The Secretary asserts that the October 1986 grant of service connection was clearly erroneous.
Duty to Assist Once an appellant has presented a well-grounded claim, the Secretary has a duty to assist the veteran in "developing the facts pertinent to the claim.
The duty to assist includes the duty to seek to obtain VA records, as well as records from private physicians.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Duty To Assist|Cue
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