CAVC Case 96-1508: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · February 23, 1999 · 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
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Issues on Appeal
BackHipHeartGIArthritis
Why It Was Decided This Way
His service medical records do not reveal any diagnosis of or treatment for liver problems and he was not service connected for any disease or injury.
In an October 1993 rating decision, a VA regional office denied the appellant's claim for DIC, concluding that the cause of the veteran's death was not service connected.
In September 1996, the Board concluded that the appellant's service-connection claim for the cause of the veteran's death was not well grounded.
It determined that the veteran's service medical records failed to present "evidence of an in-service injury or disease to which there could be a nexus with the cause of the veteran's death.
A well-grounded service- connection claim generally requires (i) medical evidence (diagnosis) of a current disability; (ii) medical or, in some circumstances, lay evidence of incurrence or aggravation of a disease or injury in service; and (iii) medical evidence of a nexus between the in-service injury and the current disability.
Second, the Secretary argues that there is "no competent medical nexus" evidence because the medical statements of Dr.
Although the Secretary purports to be advancing two distinct contentions in support of his argument, they are in reality two sides of the same coin, namely the absence of evidence of a nexus between the veteran's service and his cancer.
Indeed, the medical statement to the effect that medical science could not "rule out" an association between that cardiomyopathy and the veteran's service-connected chest trauma was sufficient to constitute plausible medical nexus evidence.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not Service Connected|Duty To Assist
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