CAVC Case 96-619: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · June 14, 1999 · IVERS
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
BackKneeEye
Why It Was Decided This Way
The appellant argued in his brief that the Board had failed (1) to make a finding of fact as to the varicose veins above his knees; (2) to carry out its duty to assist pursuant to 38 U.
Finally, the Secretary argued that, except for the intervening change in regulation, the BVA decision on appeal should have been affirmed as not clearly erroneous; he briefly rebutted the appellant's contentions, particularly the lack of an adequate contemporaneous medical examination, the failure to apply the benefit-of-the-doubt rule, and an 3 inadequate statement of reasons or bases.
On remand, the Board must (1) include an adequate statement of the reasons or bases for its findings and conclusions; (2) account for all the evidence of record; (3) analyze the credibility and probative value of all material evidence; and (4) fully explain why it finds persuasive or unpersuasive each piece of material evidence, especially that in support of the claim.
Additionally, the Board should discuss the applicability of the "benefit of the doubt" doctrine in 38 U.
In Dillon, the Court, in declining "the appellant's invitation to conduct such a 'second major litigation'", concluded as follows: "The fact that the Court's remand order cited only the [changed caselaw] error and did not address any other allegations of error establishes that the [changed caselaw] error alone served as 'the catalyst for the remand.
Also, the Court provided that "the Board should discuss the applicability of the 'benefit of the doubt' doctrine".
The Board found that the rating-increase claim was well grounded (R.
§ 5107(a), indicated agreement with the Board by citing to Suttmann and Green (Victor), both of which had found claims to be well grounded and then, after finding that the Board had breached its duty to assist by failing to provide for thorough and contemporaneous medical examinations, had remanded for such examinations.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Duty To Assist|Inadequate Exam
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