CAVC Case 92-606: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · March 15, 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
BackHipRespiratoryGIEye
Why It Was Decided This Way
The veteran was not service connected at the time of his death.
Although the veteran at the time of his death was not service connected for peptic disease, the Board, in its decision, did not provide an analysis of the probative value of the evidence that would tend to support a claim for service connection.
However, in order for the Court to determine whether the BVA's factual findings related to cause of death are clearly erroneous, the Board is required to provide an adequate written statement of the reasons or bases for its findings and conclusions on "all material issues of fact or law presented on the record.
, the Board must provide a satisfactory explanation as to why the evidence [is] not in equipoise" so as to require the application of the benefit-of-the- doubt rule which would resolve the issue in favor of the claimant.
Therefore, a remand is necessary so that the Board may provide an analysis of the credibility or probative value of the evidence in support of the appellant's DIC claim and a statement of the reasons or bases for its analysis, including any rejection, of this evidence by the Board.
In addition, the Board failed to consider regulations, such as 38 C.
] On the basis of this excerpt, the Board concluded that hepatoma, which was listed as the antecedent cause of death on the veteran's death certificate should be considered the primary cause of death because "by its very nature [it] is so overwhelming that eventual death can be anticipated irrespective of coexisting conditions.
On the next page of its decision, the Board concluded: The evidence shows .
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not Service Connected
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