CAVC Case 99-158: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · August 21, 2001 · 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
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Issues on Appeal
BackHipEye
Why It Was Decided This Way
RELEVANT BACKGROUND In a March 1996 decision, the Board determined that the appellant did not meet the requirements of the statutory definition of "surviving spouse," so that she was not eligible for any benefits that could be based on that status.
The Board found that the extensive evidence showing that, following the death of the veteran, the appellant had lived with a person of the opposite sex and held herself out in public as his spouse, was more credible than the contradictory evidence of record.
The Board found further that Congress, when amending 38 U.
The Board concluded, "The credible and persuasive evidence therefore is against th[e] appellant's claim of entitlement to recognition as the veteran's surviving spouse, for the purposes of reinstatement of VA death pension benefits[,] and is not in relative equipoise.
The Court finds that the evidence of record provides a plausible basis for the Board's factual conclusions, and they are not "clearly erroneous.
First, she states that the Board failed to comply with 38 U.
The Board noted that the record contained written and sworn statements from 1988 and 1989, made by the appellant's children, her sisters, the man with whom she had lived, and even the appellant, confirming that she had lived with the man as if she was his wife.
Having noted its "duty as the fact finder to analyze the credibility and probative value of the evidence, account for the evidence which it finds to be persuasive or unpersuasive, and to provide reasons for its rejection of any material evidence favorable to the appellant," (R.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Duty To Assist
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