CAVC Case 94-1110: Hip
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · April 7, 1998 · 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
HipHeadacheSkinEye
Why It Was Decided This Way
At the time of his death, the veteran was not service connected for any disability.
Mather's opinion failed to address the veteran's skin cancer which had been treated in 1956, and that Dr.
Referencing VA's duty to assist, the Board remanded the claim in order to allow the RO to obtain records from the 1956 cancer treatment, and any other documents possibly related to the veteran's exposure to ionizing radiation.
In the August 1994 BVA decision here on appeal, the Board denied the appellant's claim for service connection for the cause of the veteran's death, finding first that the claim was well grounded, and that VA had fulfilled its duty to assist.
In addressing the evidence, the Board noted that "the 1956 skin cancer of the right side of the nose was reported only by history in August 1967, without its type being indicated," and that no additional medical records pertaining to that treatment had been received by VA.
Wandel argues that remand is necessary because VA breached its duty to assist in (1) failing to provide "sufficient disclosure" of how the DNA dose estimate was derived; (2) failing to "notify the appellant of the existence of information critical to the DNA, [failing to] collect that information that would support appellant's contention, and [failing to] provide that information that was critical of the DNA for grossly underestimating radiation dose exposure"; and (3) failing to collect or account for the missing medical records from the alleged 1956 skin cancer.
311(e) were inadequately addressed, and thus, remand is required.
Moreover, counsel noted that without medical evidence in the record providing a nexus between the cause of the veteran's death and his military service, the appellant has failed to present a well-grounded claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not Service Connected|Not New Material|Duty To Assist
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