CAVC Case 98-1632: Cervical
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · July 27, 2000 · FARLEY
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
CervicalKneeShoulderHipDiabetesTDIUEyeArthritis
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Issues on Appeal
CervicalKneeShoulderHipDiabetesTDIUEyeArthritis
Why It Was Decided This Way
Determining whether the cause of the veteran's death is service connected is a finding of fact reviewed under the "clearly erroneous" standard of review.
In determining whether a finding is clearly erroneous, "this Court is not permitted to substitute its judgment for that of the BVA on issues of material fact; if there is a 'plausible basis' in the record for the factual determinations of the BVA .
at 432, 459), in an adjudication of the merits of the case the Board determined that the weight of the evidence was against the appellant in light of Dr.
190 (1991) (The Board, not the Court, has the duty to assess the credibility and weight to be given to the evidence of record).
In that case, the Court concluded that the appellant's reference to the "10 year presumptive rule," coupled with her representative's argument that VA failed to consider the "presumptive DIC" provisions, conferred jurisdiction.
May 18, 2000), the United States Court of Appeals for the Federal Circuit (CAFC) held that, once a veteran has established a well-grounded claim for a current disability due to a service-incurred disability, the Secretary has a duty to assist pursuant to section 5107(a) of title 38, United States Code.
In her brief, the appellant argues that, because the medical treatise evidence "demonstrates a plausible relationship between her husband's death from a liver cancer and his military service," her claim should be given the benefit of the doubt, "as required by law.
However, the benefit of the doubt doctrine is only applicable after the appellant has met the initial burden of submitting a well-grounded claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Duty To Assist
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