CAVC Case 21-7855: Depression

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2021-10-25 · MEREDITH, 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.

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Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

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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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Outcome
Affirmed / Vacated / Remanded
Decision Date
2021-10-25
Judge
MEREDITH, Judge
Service Era
Not specified

Conditions Claimed

DepressionAnxietyPsychiatricBackCervicalHearing LossSleep ApneaHip

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Issues on Appeal

Back ConditionService ConnectionIncreased RatingHearing LossSleep ApneaHip Condition

Why It Was Decided This Way

On October 25,2021,the Board denied entitlement to disability compensation for a right hip condition,obstructive sleep apnea,and an acquired psychiatric condition and denied an initial compensable rating for bilateral hearing loss prior to July 21,2021,and in excess of 10% thereafter.

Law Establishing that a disability is service connected for purposes of entitlement to VA disability compensation generally requires medical or,in certain circumstances,lay evidence of (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.

Additionally,under certain circumstances,and as part of its duty to assist claimants,VA must provide a medical examination.

Whether the record establishes entitlement to service connection and whether a medical opinion is adequate are findings of fact,which the Court reviews under the clearly erroneous standard.

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.

As with any material issue of fact or law,the Board must provide a statement of reasons or bases that is adequate to enable a claimant to understand the precise basis for the Board's decision,as well as to facilitate review in this Court.

e appellant's service records did not contain objective evidence of obstructive sleep apnea,and (3) failed to consider whether obstructive sleep apnea is related to his in-service sleep problems.

In the decision on appeal, the Board first acknowledged the appellant's assertion that he has a deviated nasal septum,which may have been caused by the in-service motor vehicle accident, and the Board found that the appellant has a current obstructive sleep apnea disability.

Authorities Cited

Allday v. BrownArdison v. BrownAries v. PeakeBarr v. NicholsonBerger v. BrownBest v. PrincipiBryant v. ShinsekiCoker v. NicholsonCoker v. PeakeDavidson v. ShinsekiEuzebio v. McEvans v. ShinsekiFletcher v. DerwinskiGilbert v. DerwinskiHampton v. GoberKutscherousky v. WestLendon v. NicholsonLocklear v. NicholsonMartin v. Occupational Safety Health RevMonzingo v. ShinsekiPalczewski v. NicholsonRobinson v. ShinsekiRusso v. BrownSee Breeden v. PrincipiSee Caluza v. BrownSee Frankel v. DerwinskiSee Hilkert v. WestSee Kay v. PrincipiSee Quirin v. ShinsekiSee Robinson v. Peake

Denial Type

Credibility|No Nexus|Preponderance Against|Duty To Assist

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