CAVC Case 13-3039: Psychiatric

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 1953-12-09 · 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.

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Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

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)
RatingMonthly (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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Outcome
Vacated / Remanded
Decision Date
1953-12-09
Judge
BARTLEY, Judge
Service Era
Not specified

Conditions Claimed

PsychiatricBackHipSkinArthritis

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Issues on Appeal

Back ConditionService ConnectionReopen

Why It Was Decided This Way

An October 1993 rating decision found,inter alia,that the information submitted did not constitute new and material evidence sufficient to reopen the claim.

The appellant had not submitted new and material evidence.

In December 2010,the Board found that lay statements by the veteran and others constituted new and 4 material evidence,reopened the claim,and remanded the matter for a medical linkage opinion.

In the October 2012 decision on appeal,the Board found that the veteran had a current diagnosis of lumbar spine DJD and that an in-service slip and fall injury had occurred,based on the veteran's competent and credible report.

However,the Board found the veteran's report of continuity of symptoms since service not credible,primarily because the veteran did not provide a history of chronic back pain during postservice treatment for back problems,when such a report 5 would have been expected.

The Board found the July 2012 negative linkage opinion adequate to adjudicate the claim and assigned it significant weight.

The Board must analyze the credibility and probative value of evidence,account for the persuasiveness of evidence, and provide reasons for rejecting material evidence favorable to the claimant.

When a veteran's service records are missing,VA has a heightened duty to explain its findings and conclusions and carefully consider the benefit of the doubt rule.

Authorities Cited

Allday v. BrownBuchanan v. NicholsonBuczynski v. ShinsekiCaluza v. BrownCartright v. DerwinskiElkins v. GoberHare v. DerwinskiHensley v. WestHickson v. WestJandreau v. NicholsonKahana v. ShinsekiKutscherousky v. WestMoore v. NicholsonMoore v. ShinsekiRucker v. BrownRusso v. BrownSavage v. GoberSee Davidson v. ShinsekiSee Frankel v. DerwinskiSee Horn v. ShinsekiSee Kay v. PrincipiSee Marsh v. WestSee Maxson v. GoberSee Quirin v. ShinsekiSee Tucker v. WestShinseki v. SandersSizemore v. PrincipiWalker v. Shinseki

Denial Type

Credibility|No Nexus|Not New Material|Inadequate Exam

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