CAVC Case 01-1865: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · August 27, 2004 · KRAMER, Chief 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
PsychiatricBackHearing LossHipTDIUEye
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Issues on Appeal
PsychiatricBackHearing LossHipTDIUEye
Why It Was Decided This Way
KRAMER, Chief Judge: The appellant, through counsel, appeals an October 3, 2001, Board of Veterans' Appeals (Board or BVA) decision in which the Board denied an effective date prior to April 25, 1991, for the award of service connection for bilateral hearing loss.
The Board concluded that the appellant's ear condition preexisted service, noted that his discharge examination report reflected "no discernible ear abnormalities[,]" and concluded that the record did not "show that the preservice ear condition was aggravated by active service.
The Board denied reconsideration of its June 1990 decision in August 1991 (see R.
The RO, in April 1993, determined that the appellant had not submitted new and material evidence with respect to his claim for service connection for hearing loss.
The Board, in November 1996, denied reopening on the basis that the appellant had not submitted new and material evidence since the June 1990 BVA decision.
Longinotti's letter, the Board concluded that, although the letter was new, it was not material because it "relate[d] to the [appellant's then-current] level of disability, not as to whether his hearing disorder was present in service or shortly thereafter.
Longinotti's letter, the November 1996 Board's determination that the appellant had not submitted new and material evidence to reopen his claim for service connection for bilateral hearing loss; the Court remanded that claim to the Board for further development.
at 585-88); the examiner opined that the appellant's continually deteriorating hearing was not related to any in-service exposure to excessive noise.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material|Duty To Assist|Cue
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