CAVC Case 95-673: Knee
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · April 9, 1997 · FARLEY
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
KneeSkinEye
Why It Was Decided This Way
FARLEY, Judge: This is an appeal from an April 4, 1995, decision of the Board of Veterans’ Appeals (BVA or Board) which determined that new and material evidence had not been submitted to reopen the appellant’s claim for service connection for psoriasis.
The appellant sought to reopen his claim in May 1988, and was advised to submit new and material evidence related to the issue of aggravation in service.
The Board found that the “[e]vidence received since the January 1979 unappealed rating decision is not new and material to reopen the [appellant’s] claim [for] service connection for psoriasis.
The Secretary shall reopen a previously disallowed claim upon the presentation by the claimant of new and material evidence.
The issue of whether evidence is new and material is a conclusion of law which the Court reviews de novo.
The Secretary must perform a two-step analysis when a veteran seeks to reopen a final decision based on new and material evidence.
First, it must determine whether the evidence presented or secured since the last final disallowance is “new and material.
273, 283 (1996), this Court stated that step one of the Manio two-step process, the determination of whether the evidence is new and material, involves three questions.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not New Material
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 →