CAVC Case 11-3455: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2004-03-30 · BARTLEY, 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
PsychiatricCervicalHearing LossSleep ApneaRespiratoryGIEye
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Issues on Appeal
Service ConnectionIncreased RatingHearing LossSleep Apnea
Why It Was Decided This Way
The Board found that an examination with respect to the issue of sleep apnea is not necessary, because there is no competent and credible evidence that the Veteran had sleep apnea while on active duty service .
The appellant's lay statements concerning his in-service throat surgery of diminished credibility,emphasizing the absence of any medical record mentioning vocal cord surgery: The Veteran stated that the surgery was done on the USS Haven which provided medical services to the Pacific Fleet while moored at Long Beach .
The Board noted that none of the records pertaining to the [1974?]removal of polyps from the right vocal cord mention any previous surgeries on the vocal cords.
The Board acknowledged that it could not find that the lay evidence lacks credibility solely on the basis of no corroborating contemporaneous medical evidence.
The Board distinguished this case on the basis that in this instance it is not the absence of contemporaneous medical evidence that is at issue,rather,it is the abundance of medical evidence that fails to suggest a relationship between the claimed disorder and service that serves to diminish the credibility and probative value of the lay evidence.
The Board concluded that the Veteran's statements are afforded no probative value with respect to the medical question of whether he suffers from sleep apnea that is related to his service-connected disability of GERD or to in- service surgery on his vocal cords.
Therefore,the Board found that the preponderance of the evidence is against the Veteran's claims of direct and secondary service connection for sleep apnea.
The appellant argues that VA failed to fulfill its duty to assist by declining to furnish a VA medical examination with respect to his sleep apnea claim and by failing to adequately explain why one was not provided.
Authorities Cited
Denial Type
Credibility|No Nexus|Preponderance Against|Duty To Assist
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