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10 CAVC Cases Every Veteran Should Know – Part 2

  1. UPDATE: Rapid Appeals Modernization Program (RAMP) now sending claims to the Board of Veterans’ Appeals (BVA or the Board)
  2. What is the Court of Appeals for Veterans Claims (CAVC or “The Court”)?
    • Can the Court take new evidence?
    • Precedential Decisions at the CAVC
  3. Rice v. Shinseki (2009) – Individual Unemployability (TDIU) is not a separate claim
  4. Esteban v. Brown (1994) – The VA’s Anti-Pyramiding Rule and separate ratings for the same disability
    • How VA rates disabilities using diagnostic codes
  5. Mittleider v. West (1998) – Non-service-connected and service-connected disabilities with overlapping symptoms
  6. DeLuca v. Brown (1995) – VA must consider pain, weakness, etc. when a condition’s rating is based on range of motion (often relates to knee, back, neck, and other orthopedic VA claims)
  7. Colvin v. Derwinski (1991) – VA must rely on independent medical evidence (NOT their own medical judgment) to support its benefits decisions
    • Colvin and the standard for New and Material Evidence

Read the original CAVC Decisions here:

Rice v. Shinseki (2009)

Esteban v. Brown (1994)

Mittleider v. West (1998)

DeLuca v. Brown (1995)

Colvin v. Derwinski (1991)

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