CAVC Case 04-0093: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · November 15, 2006 · HAGEL
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
A medical board found him medically unfit for further military duty and recommended that he be referred to a physical evaluation board and transferred to a VA hospital.
Diagnosis was carried forward to give the veteran the benefit of the doubt.
In a December 14, 1990, Board decision, service connection for schizophrenia was granted based on the Board's finding that new and material evidence had been submitted to establish that a psychosis was incurred in service.
The Board determined that the 1981 Board decision did not contain CUE.
Thus, he maintains that a certifying physician's opinion that a prior diagnosis was clearly erroneous is merely another opinion added to the mix and consequently does not establish the degree of indisputability required to establish CUE.
He also argues that the 1981 Board erred when it discounted two schizophrenia diagnoses made subsequent to the certifying physician's opinion that the original diagnosis was in error.
Finally, he maintains that the 1981 Board failed to properly apply the appropriate standard for severance of service connection.
The claimant must provide some degree of specificity as to what the alleged error is and, unless it is the kind of error that, if true, would be CUE on its face, "persuasive reasons must be given as to why the result would have been manifestly different but for the alleged error.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material|Cue
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