CAVC Case 99-357: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 1998-09-29 · STEINBERG, 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
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Issues on Appeal
Service ConnectionEffective DateReopen
Why It Was Decided This Way
ent of Veterans Affairs (VA) service connection for hernias and a low-back disorder; (2) found that new and material evidence had not been presented to reopen a previously and finally disallowed claim for service connection for residuals of a jaw fracture; and (3) denied a claim for compensation under 38 U.
In March 1996, an RO decision found that no new and material evidence had been presented to reopen his disallowed claims for service connection for a jaw fracture, a low back strain, and postoperative hernias, and denied a claim for compensation under 38 U.
A November 1996 RO decision likewise found no new and material evidence to reopen those disallowed claims.
In December 1997, the RO denied his claim for compensation under section 1151 and found no new and material evidence to reopen his disallowed low back strain, jaw fracture, and post- operative hernias claims.
In the September 1998 BVA decision here on appeal, the Board (1) denied as not well grounded the veteran's claims for service connection for hernias and a low back disorder; (2) found that new and material evidence had not been presented to reopen a previously and finally disallowed claim for service connection for residuals of a jaw fracture; and (3) denied a claim for compensation under 38 U.
1110) -- to be well grounded, there generally must be (1) medical evidence of a current disability; (2) medical evidence, or in certain circumstances lay evidence, of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the asserted in-service injury or disease and the current disability.
The credibility of the evidence presented in support of a claim is generally presumed when determining whether it is well grounded.
See Beck , supra (holding that, at well-groundedness stage, Board may not weigh credibility of evidence submitted in support of claim); Elkins , 12 Vet.
Authorities Cited
Denial Type
Credibility|No Nexus|Not New Material|Preponderance Against
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