CAVC Case 20-8665: Depression
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2020-08-25 · DAVIS
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
DepressionPsychiatricErectile Dysfunction
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Issues on Appeal
Service Connection
Why It Was Decided This Way
(1)a current disability,(2)incurrence or aggravation of a disease or injury in service,and (3)a nexus between the claimed in-service injury or disease and the current disability.
4 It is the Board's responsibility,as factfinder,to determine the credibility and weight to be given to the evidence.
5 The general standard of proof in veterans benefits cases � the benefit of the doubt � provides that, [w]hen there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter,the Secretary shall give the benefit of the doubt to the claimant.
8 However,if the preponderance of the evidence is against the claim,the doctrine does not apply.
429,433 (1995) (holding that the Board is responsible for assessing the credibility and weight of evidence and that the Court may overturn the Board's decision only if it is clearly erroneous).
2021)(reaffirming that,under section 5107(b)and established caselaw,a claimant is to receive the benefit of the doubt if the positive and negative evidence is in approximate balance[,][]which includes but is not limited to equipoise[] ).
11 A finding of fact is clearly erroneous when the Court,after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed.
12 As with any material issue of fact or law,the Board must provide a statement of the reasons or bases for its determination adequate to enable a claimant to understand the precise basis for the Board's decision,as well as to facilitate review in this Court.
Authorities Cited
Denial Type
Credibility|No Nexus|Preponderance Against|Inadequate Exam
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