BVA Case 11-0952: Psychiatric
BVAReal Board of Veterans' Appeals decision · · LOURIE
Conditions Claimed
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 |
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Issues on Appeal
PsychiatricBackDiabetesEye
Why It Was Decided This Way
In July 1975, Stallworth was sepa- rated from service after an Army medical board found him unfit for further military duty.
The Board found the facts distinguishable from Andino v.
The Board found that the doctors who determined that Stallworth’s 1975 service connection diagnosis was clearly erroneous provided an opinion based on all of the accumu- lated evidence.
Stallworth argued that the examining physicians did not certify that the previous diagnosis was clearly erroneous and that the statements relied upon by the examining physicians did not address all of the accu- mulated evidence.
the light of all accumulated evidence, the diagnosis on which service connection was predicated is clearly erroneous.
Thus, the plain language of the regulation dictates that service connection may be terminated if a medical professional certifies that his or her review of all accumu- lated evidence indicates that the prior diagnosis is clearly erroneous.
105(d) and failed to follow Andino by affirming the Board’s reliance upon a medical opinion that failed to certify that “in light of all accumulated evidence, the diagnosis upon which service connection was predicated is clearly erroneous.
Stallworth essentially argues that Andino obligates the requisite medical au- thority to use magic words such as “clearly erroneous” when providing an opinion pursuant to § 3.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Unclassified
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