BVA Case 21-6401: Depression
BVAReal Board of Veterans' Appeals decision · · DYK
Conditions Claimed
DepressionAnxietyPsychiatricBackEye
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 |
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Issues on Appeal
DepressionAnxietyPsychiatricBackEye
Why It Was Decided This Way
She argued that her claims remained open be- cause the VA had failed to address whether certain new evidence that she submitted within the relevant appeal pe- riod for her 1991 and 1995 Claims, including the 1993 Rec- ord, met the requirements of § 3.
Deal timely presented new and material evidence in 1997 of a psychi- atric disorder and the VA needed to treat this evidence as having been filed in connection with her 1995 Claim under § 3.
Deal’s re- quest for an effective date of October 1991, ruling that the alleged new and material evidence relating to her 1991 Claim, i.
Deal argued that the Board erred in ruling that the 1993 Record was not material.
constitutes new and material evidence re- lating to the old claim.
Deal argues that the Board did not address whether the 1993 Record was new and material evidence in connection with her 1991 Claim until June 2021.
COLLINS 6 The government responds that the VA’s delay in ad- dressing whether evidence submitted during the appeal pe- riod of a prior claim is new and material under § 3.
Instead, the claimant may only be entitled to an earlier effective date if, on re- mand, the VA determines that the proffered evidence is new and material and reconsiders the prior claim accord- ingly.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material
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