CAVC Case 97-1780: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · April 21, 1999 · 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
BackCervicalHipHeadacheRespiratoryEyeArthritisRadiculopathy
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Issues on Appeal
BackCervicalHipHeadacheRespiratoryEyeArthritisRadiculopathy
Why It Was Decided This Way
The appellant also alleges that the Board failed to adjudicate his claim for an earlier effective date for his lumbosacral spine disorder and that that issue should be remanded to the Board for adjudication.
The Secretary concedes that the Board failed to adjudicate the effective date issue.
The Secretary also concedes that the cervical spine disorder claim should be remanded because the Board failed to adequately develop the record.
However, the Secretary contends that there is a plausible basis in the record for the Board's decision that the cervical spine injury was not service connected, and, therefore, reversal of the Board's decision is not appropriate in this matter.
The Board found that the evidence of record was against service connection for the appellant's cervical spine condition.
First, the Board found that the service and postservice medical records from 1950 to 1966 did not reference any complaints or treatment relating to a cervical spine injury.
The Board found that those contemporary medical records were more probative than the appellant's testimony that he had experienced neck pain after his jeep accident.
Lastly, the Board found that the first objective evidence of a cervical spine disorder was a February 1995 x-ray examination report that showed spondylosis of the C4 vertebrae.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not Service Connected|Duty To Assist
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