BVA Case 230717-367795: Depression

BVAReal Board of Veterans' Appeals decision · November 20, 2023 · Jennifer White

Outcome
Denied / Remanded
Decision Date
November 20, 2023
Judge
Jennifer White
Service Era
Not specified

Conditions Claimed

DepressionAnxietyPsychiatricHipHeadacheHeartGI

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

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)
RatingMonthly (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
See your full claim picture — free
Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.

Issues on Appeal

DepressionAnxietyPsychiatricHipHeadacheHeartGI

Why It Was Decided This Way

If evidence was submitted during the period after the AOJ issued the decision, which was subsequently subject to higher-level review the Board did not consider it in its decision.

Thus, the Board finds that VA has satisfied the duty to assist.

No further notice or assistance to the Veteran is required to fulfill VA's duty to assist in development.

Likewise, the Board must assess the credibility and weight of all the evidence, including the medical evidence, to determine its probative value, accounting for evidence, which it finds to be more persuasive or unpersuasive, and providing reasons for rejecting any evidence favorable to the claimant.

When there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to the claimant.

In reaching the above conclusion, the Board has considered the applicability of the benefit of the doubt doctrine.

The benefit of the doubt doctrine is not applicable.

The Board finds that the rationale for this negative nexus opinion is inadequate.

Authorities Cited

Chelte v. BrownDavidson v. ShinsekiDela Cruz v. PrincipiLynch v. McMauerhan v. PrincipiMittleider v. WestOrtiz v. PrincipiQuartuccio v. PrincipiRodriguez v. PeakeSaunders v. WilkieSee Brammer v. DerwinskiSee Davidson v. ShinsekiSee Gilbert v. DerwinskiSee Layno v. BrownShedden v. PrincipiSmith v. GoberStefl v. NicholsonWood v. Derwinski

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.30038 CFR 20.30138 CFR 3.10238 CFR 3.103(c)(2)(ii)38 CFR 3.103(c)(2)(iii)38 CFR 3.250138 CFR 3.303(d)38 CFR 3.321 (a)38 CFR 4.126 (a)38 CFR 4.126(b)38 CFR 4.1438 CFR 4.738 USC 111038 USC 115538 USC 1168(a)38 USC 5107 (b)38 USC 5107(b)

Denial Type

Credibility|No Nexus|Duty To Assist|Inadequate Exam

Find Similar Precedent for Your Claim

VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.

Run my claim through VetAid →
Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.