CAVC Case 97-1057: Tinnitus
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · November 19, 1999 · HOLDAWAY
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
TinnitusHipRespiratoryGIEye
Why It Was Decided This Way
In the first decision, dated March 6, 1997, the Board denied the appellant's claim for service connection of the veteran's death from cardiorespiratory failure due to lung cancer and gastrointestinal bleeding.
In the second BVA decision, dated April 8, 1998, the Board denied the appellant's claim for service connection of the veteran's cause of death due to cigarette smoking.
3 rad or less at age 30 provides a 99[%] credibility that there is no reasonable possibility that it is as likely as not that the veteran's lung cancer is related to his exposure to ionizing radiation.
In the March 1997 BVA decision, the Board concluded that the veteran's death was related to cigarette smoking rather than exposure to ionizing radiation.
In the April 1998 BVA decision, the Board concluded that the claim to establish service connection for the veteran's cause of death as related to cigarette smoking was not well grounded.
ence, of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the in-service injury or disease and the current disability.
In this case, as to carcinogens ingested by cigarette smoking, no such provision exists; therefore, it is the claimant's burden to submit medical evidence of a plausible nexus between in- service smoking and a subsequent diagnosis of lung cancer.
Exposure to Ionizing Radiation A BVA determination about whether death or disability is service connected is a finding of fact subject to the "clearly erroneous" standard of review.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus
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