CAVC Case 22-4979: Depression
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2022-06-06 · 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
DepressionPsychiatricHeadacheTDIU
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Issues on Appeal
Service ConnectionEffective DateReopenTDIU
Why It Was Decided This Way
The appellant signed an application for expeditious discharge,acknowledging that the medical board found him, because of disability,unfit for retention,and that he waived his right to review by the Secretary of the Army.
The appellant's September 2008 application,finding that he had not submitted new and material evidence to reopen the claim.
August 2019 Board Decision on Reopened Claim In an August 2019 decision,the Board found that the January 1975, May 2002,and September 2003 decisions that denied service connection for a nervous condition and schizophrenia were final.
The appellant had submitted new and material evidence sufficient to reopen his claim.
June 2022 Board Decision In the June 2022 decision on appeal,the Board noted that the appellant.
The Board noted that in April 2017 the veteran contended that CUE existed because the RO misinterpreted his discharge,and in his December 2017 NOD,maintained that the RO did not properly assess his military and medical records.
Finally,the Board noted that during the November 2021 Board hearing,the veteran's representative argued that the presumption of soundness was not properly applied,or that if the veteran's disability preexisted service,the in-service hospitalization should have triggered the presumption of aggravation,and that service connection was warranted for an episode of psychosis that occurred within 1 year of separation.
But the Board noted that at the time the January 1975 decision was issued,rating boards were not required to provide a statement of the reasons for their decisions.
Authorities Cited
Denial Type
Non Denial Outcome
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