CAVC Case 01-997: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · June 19, 2002 · 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
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Issues on Appeal
PsychiatricHipSkinEye
Why It Was Decided This Way
FARLEY, Judge: Before the Court is a May 14, 2001, Board of Veterans' Appeals (Board or BVA) decision that declined to reopen the appellant's claim for service connection for schizophrenia because it concluded that the appellant had not submitted new and material evidence.
In response to that letter, the RO sent the appellant a letter informing him that he would need to submit "new and material evidence establishing the incurrence, aggravation, or diagnosis of this condition in service, or within 1 year of discharge from service to reopen [his] claim.
The letter defines "new and material evidence" as "medical evidence not previously submitted to VA, which bears directly and substantially upon the issue, which is neither cumulative nor redundant, and which by itself or in connection with evidence that is already of record is so significant that it must be considered to fairly decide your claim.
The RO, in July 2000, found that the appellant had failed to submit new and material evidence in order to reopen his claim.
The Board concluded that the evidence received since the June 1995 RO decision was "not new and material, and, thus, the claim for service connection for a [sic] schizophrenia is not reopened.
The Board noted while the appellant's appeal was pending before VA, the Veterans Claims Assistance Act of 2000 (VCAA), Pub.
The BVA concluded that in this case the appellant had been "notified of the criteria pertaining to finality cases, and he has been informed that he should submit new and material medical evidence to support his claim.
Thus, the Board found that the appellant had submitted no new and material evidence to reopen his claim for entitlement to service connection for a psychiatric disability.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material|Duty To Assist
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