CAVC Case 20-0523: Depression
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2019-12-03 · SCHOELEN
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
DepressionPsychiatricCervicalHearing LossTinnitusTBIHeartDiabetesTDIUEye
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Issues on Appeal
Service ConnectionEffective DateTDIUIncreased RatingHearing Loss
Why It Was Decided This Way
APPELLANT'S ARGUMENTS On appeal,the appellant argues that the Board failed in its duty to assist because it did not obtain relevant Social Security Administration (SSA)records.
The appellant further argues that the Board erred in narrowing the scope of his ear claim to merely left ear hearing loss.
The appellant also argues that the Board made several reasons-or-bases errors,including failing to fully explain its denial of a rating higher than 10%for the left eye disability,not explaining its determination that the duty to assist was satisfied, failing to address several claimed right eye conditions,and failing to address whether extraschedular consideration was warranted.
Finally,the appellant contends that the Board erred in failing to remand claims for an earlier effective date for the deviated septum and traumatic brain injury (TBI),and service connection for a heart condition,esophagus condition, jaw condition,and schizophrenia for the RO to issue a Statement of the Case (SOC).
In May 2012,the Board denied a rating higher than 10%for the left eye disability.
In February 2016,the Board found that the RO had not adjudicated the matters of service connection for disabilities of the cranium,brain,left nose,heart,esophagus,jaw,and hearing loss of the left ear, and for a third time referred those matters to the RO.
In December 2019,the Board denied service connection for right eye myogenic ptosis, choroiditis cataracts of the left eye,scars related to orbital fractures,and a rating higher than 10% for the left eye disability, also claimed as uveitis,glaucoma, conjunctivitis,ectropion,aphakia, optic nerve pain,and eyelid twitching.
The Board made no factual determination as to whether VA satisfied the duty to assist with respect to obtaining SSA records.
Authorities Cited
Denial Type
Duty To Assist|Inadequate Exam
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