CAVC Case 23-2243: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2023-03-28 · 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
PsychiatricTinnitusShoulderHipEyeRadiculopathy
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Issues on Appeal
Service ConnectionEffective DateIncreased RatingHearing Loss
Why It Was Decided This Way
The Court will vacate the part of the Board's decision that failed to address the appellant's argument in his December 2021 NOD that he was entitled to compensation for unrated manifestations of his right-side paralysis and will remand the matter for further 1 Though the Board did not specify which nerve the facial cranial nerve is,VA's rating schedule refers to the facial cranial nerve as the seventh cranial nerve.
The appellant requested compensation for weakness and numbness of his right side,characterized as a nervous condition, and in an August 1980 decision,the Board denied service connection for a nervous condition.
Bush opined that the veteran's constellation of neurological signs/ symptoms that are well documented was more likely than not related to his active military service.
Bush noted that the veteran's peripheral neuropathy caused limitations in prolonged standing,walking, lifting, carrying,stooping,and bending,and opined that the veteran's peripheral neuropathy was as likely as not related to military service.
The 4 physician opined that the veteran's right-sided pathology was as likely as not related to his military service.
In an August 2021 decision,the Board noted that it did not have jurisdiction over the rating issue described in the July 2021 NOD because the RO in May 2021 explained that the issue was being returned for a new VA examination and no decision had yet been issued for that increased rating claim.
The Board noted that,based on the phrasing of the veteran's statement disagreeing with his combined 30%disability rating, it seems clear to the Board that the veteran was disagreeing with the rating for the seventh,facial,cranial nerve,as well as the initial ratings assigned for his paralysis of the right side or Bell's palsy of the fifth,ninth,and eleventh cranial nerves.
The Board noted that it had administratively notified the RO about the matter and requested that they address the March 2021 HLR request by reviewing the assigned ratings for all the [v]eteran's service-connected disabilities and that once the RO made a determination, the appellant.
Authorities Cited
Denial Type
Non Denial Outcome
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