CAVC Case 21-3588: Anxiety
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2021-03-18 · 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
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Issues on Appeal
Service ConnectionSleep Apnea
Why It Was Decided This Way
March 2021 Board Decision In the March 2021 decision on appeal,the Board noted that in September 2020,the veteran had timely appealed a September 2019 rating decision and requested direct review of the evidence considered by the RO in that decision.
The Board noted that evidence was added to the claims file during a period when new evidence was not allowed and explained that it could not consider this evidence in its decision,but that the veteran could file a supplemental claim if he wished to have the evidence reviewed.
The Board found that the RO did not err in failing to obtain medical examinations to determine whether the veteran's insomnia and sleep apnea were related to service.
As to sleep apnea,the Board found no complaints,treatment,or diagnosis of sleep apnea in the veteran's service treatment records,noted that his sleep apnea was not diagnosed until many decades after service,and that no medical professional opined that the [v]eteran's sleep apnea is related to his 2 military service.
The Board noted that the veteran's service treatment records lacked any psychiatric complaints,diagnosis,or treatment, nor has a medical professional opined that the [v]eteran suffers from a psychiatric disorder that is related to his military service.
Alternatively,he asserts that the Board failed to adequately explain its determination that the RO satisfied the duty to assist.
He also asserts that the Board failed to address whether he received the appropriate form of decision review.
The Secretary responds that the appellant does not meet his burden to show that the Board erred in finding that no medical examination was warranted for insomnia,sleep apnea,or a psychiatric disorder.
Authorities Cited
Denial Type
Non Denial Outcome
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