BVA Case 20005180: Depression

BVAReal Board of Veterans' Appeals decision · September 24, 2024 · Vito A. Clementi

Outcome
Granted / Denied / Remanded
Decision Date
September 24, 2024
Judge
Vito A. Clementi
Service Era
October 1973 to January 1982

Conditions Claimed

DepressionAnxietyPsychiatricBackKneeHearing LossTinnitusHipSkinTDIU

What would this rating pay you? (2026 rates)

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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Issues on Appeal

DepressionAnxietyPsychiatricBackKneeHearing LossTinnitusHip

Why It Was Decided This Way

14-09 226A DATE: September 24, 2024 ORDER New and material evidence having been received, the claim of service connection for a low back disorder is reopened and to this extent only, the appeal is granted.

New and material evidence having been received, the claim of service connection for bilateral hearing loss is reopened and to this extent only, the appeal is granted.

New and material evidence has been received to reopen the claims of service connection for a low back disorder and for bilateral hearing loss.

The Board presently finds that new and material evidence has been received to reopen the claims of service connection for a low back disorder and for bilateral hearing loss.

New and Material Evidence When a claim is denied by VA, the claimant has one year from the date of mailing of notice of the denial to file an appeal or submit additional relevant evidence.

Essentially, for the claimant to have the finally denied claim reexamined by VA for whether additional development and readjudication under the law applicable in this appeal, the claimant must submit "new and material" evidence.

New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened and must raise a reasonable possibility of substantiating the claim.

When determining whether the submitted evidence meets the definition of new and material evidence, VA must consider whether the new evidence could, if the claim were reopened, reasonably result in substantiation of the claim.

Authorities Cited

Barr v. NicholsonCombee v. BrownFerenc v. NicholsonHarris v. DerwinskiHolton v. ShinsekiJandreau v. NicholsonKutscherousky v. WestLendon v. NicholsonLynch v. McMiddleton v. ShinsekiSchafrath v. DerwinskiSee Allen v. BrownSee Kahana v. ShinsekiSee Melson v. DerwinskiSee Rice v. ShinsekiSee Tirpak v. DerwinskiShade v. ShinsekiShedden v. PrincipiTyrues v. ShinsekiWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.156(a)38 CFR 3.30338 CFR 3.303(a)38 CFR 3.303(b)38 CFR 3.303(d)38 CFR 3.30738 CFR 3.310(a)38 CFR 3.310(b)38 CFR 4.138 CFR 4.1038 CFR 4.2138 CFR 4.2738 CFR 4.738 CFR 4.7138 CFR 4.71a38 USC 110138 USC 111038 USC 1155

Denial Type

Credibility|No Nexus|Not New Material|Preponderance Against|Duty To Assist

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Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.