CAVC Case 95-997: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · June 24, 1996 · KRAMER
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
BackHearing LossTinnitusHipHeadacheTBIRespiratoryEye
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Issues on Appeal
BackHearing LossTinnitusHipHeadacheTBIRespiratoryEye
Why It Was Decided This Way
the June 1990 denial of service connection for the cause of the veteran's death and (2) the lack of new and material evidence to reopen a claim for service connection for the cause of the veteran's death.
The evidence submitted since the denial of service connection for cause of death by Rating Decision of June 26, 1990, became final on August 8, 1991, is not new and material and does not serve to reopen the claim.
On August 4, 1994, the BVA found that (1) the appellant did not submit a timely substantive appeal with respect to the June 1990 rating decision; (2) the June 1990 rating determination denying service connection for the cause of the veteran's death was final; and (3) new and material evidence to reopen the claim of entitlement to service connection for the veteran's cause of death had not been submitted.
§ 5108, the Secretary must reopen a previously and finally disallowed claim when "new and material evidence" is presented or secured with respect to that claim.
First, it must determine whether the evidence presented or secured since the prior final disallowance of the claim is "new and material.
Second, if the BVA determines that the evidence is new and material, it must reopen the claim and "evaluate the merits of the veteran's claim in light of all the evidence, both new and old.
Whether evidence is "new and material" is a conclusion of law which this Court reviews de novo under 38 U.
The appellant is required by law to present "new and material" evidence before VA is required to reopen and develop and adjudicate a claim as to its merits.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Not New Material
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