CAVC Case 22-491: Depression
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2021-09-28 · ALLEN, 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
DepressionAnxietyPsychiatricCervicalKneeSleep ApneaHipHeadacheRespiratoryEye
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Issues on Appeal
Service ConnectionKnee ConditionSleep Apnea
Why It Was Decided This Way
3 Because the Board failed to provide an adequate statement of reasons or bases supporting its findings denying service connection for both a psychiatric disability and OSA, and because it failed to ensure the duty to assist was satisfied with respect to the right knee condition,we will set aside those parts of the Board's decision and remand the matters for readjudication consistent with this decision.
4 The Secretary's duty to assist requires that he provide a VA medical examination to a claimant when there is (1)competent evidence of a current disability or persistent or recurrent symptoms of a disability;(2)evidence establishing that an event,injury,or disease occurred in service or,for certain diseases,manifestation of the disease during an applicable presumptive period for which the claimant qualifies;and (3)an indication that the disability or persistent or recurrent symptoms of the disability may be associated with the veteran's service or with another service-connected disability;but (4)insufficient competent medical evidence on file for the Secretary to make a decision on the claim.
Psychiatric Disability In the decision on appeal,the Board denied entitlement to service connection for a psychiatric disability because appellant presented normally on evaluation and denied depression, 4 38 U.
9 The Board found that appellant reported agitation,anxiety,and depression in 2018 and that she had a diagnosis of an anxiety disorder.
10 But the Board concluded that no evidence indicated any diagnosedcondition was related to service.
11 The Board also concluded that no VA examination was necessary to determine the etiology of appellant's psychiatric disability because no evidence indicated a nexus between the condition and service.
13 We agree with the parties that remand is required,but not for all the reasons appellant asserts.
The parties agree that the Board failed to address appellant's June 2020 report of a mental health concern of stress related to redeployment to Bosnia and her August 2020 report of experiencingtrauma duringservice when she was taken to a hospital in El Salvador and was unable to understand Spanish.
Authorities Cited
Denial Type
No Nexus|Duty To Assist
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