BVA Case 220321-229078: Depression
BVAReal Board of Veterans' Appeals decision · October 29, 2024 · Vito A. Clementi
Conditions Claimed
DepressionAnxietyPsychiatricBackCervicalKneeShoulderHipAnkleHeadache
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
DepressionAnxietyPsychiatricBackCervicalKneeShoulderHip
Why It Was Decided This Way
Service connection generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of an in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the current disability.
In deciding an appeal, the Board must analyze the credibility and probative value of the evidence, account for the evidence which it finds to be persuasive or unpersuasive and provide the reasons for its rejection of any material evidence favorable to the claimant.
Further, competency of evidence differs from the weight and credibility of evidence.
Competency is a legal concept that determines whether testimony may be heard and considered by the trier of fact, while credibility is a factual determination regarding the probative value of the evidence to be made after the evidence has been admitted.
When there is an approximate balance between positive and negative evidence, equipoise, the benefit of the doubt doctrine must apply in favor of the Veteran.
In those cases, the benefit of the doubt doctrine is inapplicable.
As the preponderance of the evidence is against the claim, the benefit-of-the-doubt doctrine is not applicable.
The examiner provided negative nexus opinions on direct service connection for each eye, regarding each diagnosis, stating that the evidence does not show that the conditions incurred during or were due to an in-service injury or event.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not Service Connected|Preponderance Against
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