CAVC Case 94-0384: Hip
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · February 27, 1997 · 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
HipHeartRespiratoryEyeArthritisRadiculopathyHypertension
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Issues on Appeal
HipHeartRespiratoryEyeArthritisRadiculopathyHypertension
Why It Was Decided This Way
The next month, the Regional Office (RO) informed him that he was not service connected for bronchitis, but that if he wished to file a claim for that condition, he needed to submit medical evidence demonstrating that the condition had existed during his service, or from within one year of service discharge.
In March 1991, the Board denied service connection because "[t]he July 1986 decision of the agency of original jurisdiction, which denied service connection for a lung disorder, became final, and a new factual basis [was] not presented to demonstrate that a lung disorder was incurred in or aggravated by service.
On May 6, 1994, the Board issued the decision here on appeal, which concluded that no new and material evidence had been submitted to reopen Mr.
New and Material Evidence The determination as to whether evidence is "new and material" is a question of law which this Court reviews de novo.
must be of sufficient weight or significance (assuming its credibility) that there is a reasonable possibility that the new evidence, when viewed in the context of all the evidence, both new and old, would change the outcome.
Ashford suffers from chronic bronchitis and possible bronchiectasis, and as no medical evidence relates his condition to his military service, to exposure to asbestos, or to any other service-related factor, the Court holds that no new and material evidence has been presented sufficient to reopen his claim, and the Board did not err in so finding.
DVB CIRCULAR In holding that no new and material evidence was presented to reopen his claim, the Court is called upon to decide whether, by raising the possibility of asbestos exposure in connection with the previously denied claim for a lung condition, Mr.
§ 5108 ("If new and material evidence is presented or secured with respect to a claim which has been disallowed, the Secretary shall reopen the claim and review the former disposition of the claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not Service Connected|Not New Material
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