CAVC Case 01-1489: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · May 14, 2004 · IVERS
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
PsychiatricTDIUEye
Why It Was Decided This Way
Acosta asserts that the Board provided an inadequate statement of reasons or bases for its decision on the basis that it failed to address whether his March 1983 Substantive Appeal as to an earlier VA regional office (RO) decision was timely, and, if so, whether that appeal is still pending.
He further contends that in its decision the Board failed to address his assigned disability rating, which he raised in a Notice of Disagreement (NOD), and he seeks a remand of that matter with instructions that he be issued a Statement of the Case (SOC) on that issue.
Acosta] submitted new and material evidence that a causative link between his [psychiatric] disability and service was demonstrated.
Acosta's contention that the Board failed to address the percentage of disability is without merit because Mr.
§ 5108 he needed to present new and material evidence to reopen his claim.
In October 1995, the RO, after finding that new and material evidence had not been presented, declined to reopen Mr.
In January 1998, the Board found that he had presented new and material evidence to reopen his claim for a psychiatric disability diagnosed as schizophreniform psychosis.
In the June 2001 decision here on appeal, the Board found: In March 1984, the veteran filed a timely [NOD] with the March 1983 RO rating decision denying service connection for chronic psychiatric disability, and [an SOC] addressing the matter (with attached cover letter and VA form 1-9) was issued on May 1, 1984[,] and sent to him at his last known address of record.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not New Material
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