CAVC Case 95-0465: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · April 21, 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
Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.
Issues on Appeal
BackHipSkinGIEye
Why It Was Decided This Way
NEBEKER, Chief Judge: The appellant, Ann Marciniak, appeals a March 27, 1995, decision of the Board of Veterans' Appeals (BVA or Board) which found that new and material evidence had not been submitted to reopen her claims for service connection for the cause death of her husband, the veteran.
On March 27, 1995, the BVA reviewed the available documents, determined that the appellant's due process rights had not been violated during the appellate process, and declined to reopen her claim as new and material evidence had not been presented since the 1966 denial.
The Board determined that the new evidence was not material, as it did not link the veteran's service-connected conditions to his death.
The appellant alleges that the Secretary failed in his duty to assist in that the SMRs were not obtained for this appeal and that consequently, prejudicial error exists in the BVA's factual findings.
In the section entitled Findings of Fact, the 1966 Board noted that the veteran had no symptoms of colitis during his in-service hospitalization; that he had no chronic type of diarrhea at the time of discharge; that he did not lose weight in service; that no colitis of any type was found on examination in January 1951; that ulcerative colitis was not diagnosed until 1962; that "[t]here [was] no etiological relationship between ulcerative colitis and the service-connected disabilities of scrub typhus and malaria"; and that the veteran's "[d]eath did not result from a service-connected disability.
More importantly, as a conclusion of law, the Board found that service connection for the veteran's death was not established by reason of the veteran's service-connected disabilities, and was not etiologically related to any disease or disability which was incurred in or aggravated by service.
The Board concluded: "[I]n light of the evidence that during the current appeal [Mrs.
New and Material Evidence The Court reviews de novo whether new and material evidence has been presented to reopen 6 a claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material|Duty To Assist
Find Similar Precedent for Your Claim
VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.
Run my claim through VetAid →