CAVC Case 10-4097: Depression
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2010-09-20 · MOORMAN, 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
DepressionPsychiatricBackCervicalKneeShoulderHeadacheSkinDiabetes
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Issues on Appeal
Back ConditionService Connection
Why It Was Decided This Way
First,he contends that the Board erred in rejecting the lay statement of fellow soldier,Ray Hermosura,based upon its conclusion that the appellant was not credible.
To comply with this requirement,the Board must analyze the credibility and probative value of the evidence,account for the evidence that it finds to be persuasive or unpersuasive,and provide the reasons for its rejection of any material evidence favorable to the claimant.
Establishing 5 service connection generally requires medical or, in certain circumstances,lay evidence of (1)a current disability;(2)an in-service incurrence or aggravation of a disease or injury;and (3)a nexus between the claimed in-service disease or injury and the present disability.
A finding of service connection,or no service connection,is a finding of fact reviewed under the clearly erroneous standard in 38 U.
A factual finding 'is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.
In this case,the Board found that the appellant is not a credible historian because his statements are inconsistent.
This case turns on whether or not the Board erred in its rejection of the appellant's statements and its use of that finding in rejecting other evidence.
The credibility of the appellant is critical in this case because the evidence presented in the appellant's favor,including the medical nexus opinions of record from Dr.
Authorities Cited
Denial Type
Credibility|No Nexus
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