CAVC Case 96-853: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · December 2, 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
BackKneeShoulderAnkleArthritis
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Issues on Appeal
BackKneeShoulderAnkleArthritis
Why It Was Decided This Way
In January 1994, the VARO determined that the evidence submitted was not new and material.
On appeal to the BVA, the Board found that the appellant had not submitted new and material evidence to reopen his claim of service connection for arthritis.
However, the BVA found that the pain the appellant had suffered could be attributed to a wide variety of ailments, and the evidence of record failed to establish that the veteran had arthritis while in service, or that there was a nexus between the pain suffered in service (combat or otherwise) and his current arthritis.
ANALYSIS After a claim has been subject to a final disallowance, it can be reopened only if the claimant presents "new and material" evidence.
First, it must be determined whether the evidence presented or secured since the last final disallowance of the claim is new and material when the credibility of 4 the new evidence is presumed.
Second, if the evidence is new and material, then the adjudicator must reopen the claim and readjudicate the claim on the merits.
Whether the evidence is new and material involves three questions.
Whether evidence is "new and material" is a question of law which this Court reviews de novo.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not New Material
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