CAVC Case 94-476: Hip
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · October 10, 1996 · 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
HipProstateHypertension
Why It Was Decided This Way
In order for the appellant's claim for service connection to be well grounded, he must have presented competent evidence of the following: a current disability, a disease or injury incurred in service, and a nexus between the disease or injury and the current disability.
With regard to the nexus issue, he contends that his glomerulonephritis 4 is linked to the hematuria he experienced in service.
Thus, he must have presented competent medical nexus evidence to the effect that this claim is "plausible" or "possible.
As the Board noted in its decision, the medical statements on this issue are couched in cautious terms: Dr.
Nevertheless, each physician provided competent evidence supporting the medical nexus theory advanced by the appellant.
Nothing more is required to meet the medical nexus component of the appellant's initial burden under 38 U.
5 The Court holds that the Board erred in its conclusion that a medical opinion regarding the etiology of the appellant's kidney disorder was not required to support the decision denying service connection.
As the Board noted, the record contains opinions from two of the appellant's treating physicians on the causation issue; however, these opinions, though cautiously worded, are favorable to the appellant's claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Duty To Assist
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