CAVC Case 13-0783: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2012-12-03 · PIETSCH, 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
PsychiatricHeartTDIUHypertension
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Issues on Appeal
Service ConnectionReopen
Why It Was Decided This Way
With respect to CAD,the RO found a current condition but that the medical opinions demonstrated that the condition was not related to drug testing in service or to RBBB found in service.
In his Substantive Appeal,the veteran argued,through counsel,that the VA opinions of record were deficient because,although they addressed whether his current heart conditions were related to drug testing in service,they failed to address whether the heart conditions were related to 4 the appellant's symptoms in service.
He therefore requested that VA conduct a new medical nexus examination.
She filed a brief with the Board,through counsel, arguing that the veteran's December 2009 statement regarding cardiac symptoms in service and the June 2010 private nexus opinion constituted sufficient evidence to reopen the previously denied claims.
However,the Board found that opinion to be without probative value because the doctor provided no supporting rationale and did not address the prior negative VA medical opinions.
5 In regard to the service connection claims for hypertension and left ventricular hypertrophy, the Board found that the negative VA nexus opinions of record outweighed the two private and positive nexus opinions from Dr.
The Board characterized the VA opinions as indicating that the veteran's cardiovascular conditions were not only not related to drug testing in service,but also not related to service in general.
The Board therefore found that the preponderance of the evidence demonstrated that those conditions were not related to service.
Authorities Cited
Denial Type
No Nexus|Not New Material|Preponderance Against|Duty To Assist|Inadequate Exam
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