CAVC Case 93-942: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · November 14, 1995 · 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
BackCervicalHipArthritis
Why It Was Decided This Way
According to an October 29, 1991, Statement of the Case, the reason for the denial was that the appellant had not submitted new and material evidence showing that his pes planus condition, which had existed prior to service, was permanently aggravated during service beyond the normal 3 progression of the condition.
§ 5108, 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.
Second, if the BVA determines that the evidence is "new and material," it must reopen the claim and "evaluate the merits of the veteran's claim in light of all the evidence, both new and old.
Whether evidence is "new and material" is a conclusion of law which this Court reviews de novo under 38 U.
In the context of an original or reopened claim, the Court reviews the Board's determination of aggravation, like other findings of fact, under the "clearly erroneous" standard.
New and Material Evidence The record contains new and material evidence.
Thus, the Board assumed that the June 1951 RO rating decision had encompassed the issue of aggravation and consequently proceeded to adjudicate the appellant's claim as though the issue were whether the appellant had submitted new and material evidence on the question of in-service aggravation, particularly of an increase in severity of the preexisting condition.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material
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