CAVC Case 11-3001: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2011-09-21 · SCHOELEN, 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
PsychiatricBackCervicalHipHeadache
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Issues on Appeal
Back ConditionService ConnectionReopen
Why It Was Decided This Way
In March 2001,the RO denied the appellant's request to reopen his claim because there was no medical nexus evidence.
3 In an April 2005 decision, the Board determined that remand was warranted in order to obtain the hospitalization records at the Great Lakes Naval Training Center [(NTC)]infirmary [because][t]he veteran testified that he had been hospitalized during basic training for his low back injury.
The examiner diagnosed the appellant with degenerative disc disease with spondylosis;however,he did not provide a nexus opinion so VA returned the examination as inadequate.
In its decision,the Board found that VA had satisfied its duty to assist in obtaining all the relevant evidence.
Specifically, the Board noted that it had complied with the April 2005 remand in obtaining the appellant's service medical records from Great Lakes NTC and his SSA records.
Further,the Board found that the appellant was not entitled to disability compensation for his low 4 back condition because the evidence of record demonstrates that a low back disorder is not related to active service.
In reaching this conclusion,the Board found the appellant's testimony of continuous back pain since service not credible because SSA documents stated that his disability began in 1972 and he provided two different stories about how he injured his back in service.
Therefore,the Board found that conflicts in statements by the [v]eteran indicate a lack of credibility.
Authorities Cited
Denial Type
Credibility|No Nexus|Duty To Assist|Inadequate Exam
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