CAVC Case 98-1410: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · July 21, 2000 · 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
BackCervicalHearing LossShoulderHipHeadacheSkinRespiratoryGIEye
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Issues on Appeal
BackCervicalHearing LossShoulderHipHeadacheSkinRespiratory
Why It Was Decided This Way
The Board found that further development was required with respect to the veteran's claims for headaches, insomnia, mild obstructive airway disease, metallic taste in his mouth, and sensitivity to smells.
The Board also found that the veteran had failed to submit a well- grounded claim for service connection for cubital tunnel syndrome on a direct basis because he had presented no medical evidence of a nexus between his currently diagnosed condition and his military service.
9 Finally, the Board denied the veteran's claim for service connection for a perception-spacial coordination disorder and a tactile sensation disability as due to an undiagnosed illness pursuant to § 3.
The Board found that there was no objective medical evidence or other non-medical indicators that are capable of independent verification establishing that the veteran suffered from either of these conditions.
Findings of fact by the BVA are reviewed under a "clearly erroneous" standard.
In order for a claim to be well grounded, there generally must be (1) a medical diagnosis of a current disability; (2) medical or, in certain circumstances, lay evidence of incurrence or aggravation of a disease or injury in service; and (3) medical evidence of a nexus between an in-service injury or disease and the current disability.
to a degree of disability of 10 percent or more within the specified presumptive period; and (4) a nexus between the chronic disability and the undiagnosed illness.
Indeed, the requirement that a veteran show a "nexus between the chronic disability and the undiagnosed illness" impermissibly adds a limitation to, rather than derives from, 14 the statute and the regulation and thus runs afoul of Brown v.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not New Material
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