CAVC Case 01-970: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · September 13, 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
PsychiatricBackCervicalHearing LossTinnitusHipSkinTDIUEye
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Issues on Appeal
PsychiatricBackCervicalHearing LossTinnitusHipSkinTDIU
Why It Was Decided This Way
O R D E R The appellant appeals pro se an April 16, 2001, Board of Veterans' Appeals (Board or BVA) decision in which the Board denied him payment of full disability compensation during his period of incarceration.
Although the Board concluded that the appellant is "incarcerated at a [S]tate prison" (R.
STEINBERG, Judge, concurring: The pro se appellant appeals an April 16, 2001, Board of Veterans' Appeals (Board or BVA) decision in which the Board denied the appellant's claim for entitlement to the payment of full Department of Veterans Affairs (VA) disability compensation while incarcerated.
§ 5313 (reducing to 10% rate disability compensation payments for individuals incarcerated in excess of 60 days in "Federal, State, or local penal institution" for felony conviction) was unconstitutional, and the Board determined that the reduction of the appellant's benefits, from those concurrent with a 60% disability rating to those concurrent with a 10% disability rating, effective from March 1993, based on his 3 incarceration for a felony conviction, was proper.
In the decision on appeal, the Board found that the appellant, in January 1993, was sentenced by the County District Court to life imprisonment without parole for the commission of a felony and that he "is still in prison under the life sentence imposed.
The Board concluded that the appellant was not entitled to payment of the entire amount of his disability compensation while incarcerated for the commission of a felony.
He further argues that the Board did not address fully his arguments.
To comply with this requirement, the Board must analyze the credibility and probative value of the evidence, account for the evidence that it finds persuasive or unpersuasive, and provide the reasons for its rejection of any material evidence favorable to the claimant.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Duty To Assist
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