CAVC Case 14-1297: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2014-04-04 · 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
PsychiatricKneeHipAnkleArthritis
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Issues on Appeal
Service ConnectionKnee Condition
Why It Was Decided This Way
The Board remanded the bilateral knee claim with instructions that VA obtain private treatment records and provide the appellant with a medical examination and opinion as to whether his knee conditions are related to service (medical nexus opinion).
The Board again remanded the bilateral knee claim in August 2009 after a January 2009 VA medical nexus opinion did not address whether the appellant's knee disabilities were secondary to his service-connected flat feet.
at 84,and a further VA medical examination and nexus opinion was provided in March 2011, R.
In September 2011,the Board denied service connection for the bilateral knee claim.
As an initial matter,the Board determined that the appellant was entitled to a legal presumption of sound condition at his entrance to service in December 1979.
The Board found the appellant's reports of having first developed bilateral knee pain in 2001 to be more probative.
Based primarily on the negative VA medical nexus opinions of record,the Board determined that the preponderance of the evidence was against a finding that the appellant's right and left knee disabilities are related to his active service,or related to,or permanently aggravated by,his service- connected flat feet.
Before the Court,the appellant argues that the Board failed to (1)ensure that he was provided with an adequate VA medical examination and nexus opinion;(2)address theories of service connection based on continuity of symptomatology and a congenital bowlegged condition at the time of entry into service;(3)provide adequate reasons or bases for rejecting his testimony that he had progressive knee problems since service;and (4)discuss the private podiatrist's statement that flat feet can cause fatigue,pain,or stiffness in the knees.
Authorities Cited
Denial Type
Credibility|No Nexus|Preponderance Against
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