CAVC Case 23-5486: Depression
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2025-03-31 · 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
DepressionAnxietyPsychiatricBackCervicalKneeSleep ApneaTDIU
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Issues on Appeal
Service ConnectionTDIUIncreased RatingSleep Apnea
Why It Was Decided This Way
In April 2021,the Board remanded the case for an additional medical opinion, noting that the October 2020 medical opinion did not address the questions posed in the Board's remand order.
In a September 2022 decision,the Board recharacterized the appellant's claim as a claim based on persistent depressive disorder, and the Board denied a rating in excess of 10%for 6 Case:23-5486 Page: 7 of 22 Filed:03/31/2025 persistent depressive disorder,effective before March 30,1989.
In addition,the Board denied a rating in excess of 70%for persistent depressive disorder,effective from May 31, 2012.
In the September 2023 decision,the Board denied entitlement to an initial rating above 10%,effective before March 30,1989,and the Board denied a rating above 30%,effective from March 30,1989,to May 31,2012.
PARTIES'ARGUMENTS The appellant contends that the Board erred by failing to comply with the March 2023 JMPR and the Court's decision in Bankhead because the Board improperly discounted evidence of suicidal ideation for 'lack of intent,plan, or prepatory behavior'and for being 'passive'instead of 'active.
According to the Secretary, in the decision on appeal,the Board took the appellant's suicidal ideation into consideration,but the Board found that it did not entitle him to an increased rating because the evidence did not demonstrate that his 'passive suicidal thoughts have resulted in a greater degree of industrial/occupational and social impairment.
The appellant also argues that the Board erred in its analysis when it found that he described 'intermittent passive suicidal thoughts' but denied 'active suicidal ideation,' and whenthe Board relied on this finding to conclude that the appellant 'does not show suicide-related behavior.
The appellant further contends that the Board erred by failing to provide adequate reasons or bases for denying his claim for a rating in excess of 30%for persistent depressive disorder from 8 Case:23-5486 Page: 9 of 22 Filed:03/31/2025 March 30,1989,to May 31,2012.
Authorities Cited
Denial Type
Credibility
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