BVA Case 24009973: Depression

BVAReal Board of Veterans' Appeals decision · February 29, 2024 · Vito A. Clementi

Outcome
Granted / Denied / Remanded
Decision Date
February 29, 2024
Judge
Vito A. Clementi
Service Era
June 1974 to June 1976

Conditions Claimed

DepressionBackCervicalKneeShoulderHipHeadacheTBIHeartDiabetes

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
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Issues on Appeal

DepressionBackCervicalKneeShoulderHipHeadacheTBI

Why It Was Decided This Way

20-27 542 DATE: February 29, 2024 ORDER New and material evidence having been received, the claim of service connection for a low back disorder is reopened and to this extent only, the appeal is granted.

The preponderance of the evidence is against the finding that the Veteran's bilateral upper and lower extremity peripheral neuropathy was caused or aggravated by service-connected cervical spine disorder.

The preponderance of the evidence is against the finding that the Veteran's bilateral shoulder disorder was caused or aggravated by service-connected cervical spine disorder.

The preponderance of the evidence is against the finding that symptoms of the Veteran's hypertension started during active service, were continuous since active service, or manifest to a compensable degree within one year of active service separation.

New and material evidence has been received to reopen the claim of service connection for a lumbar spine disorder.

The Board of Veterans' Appeals (Board) has determined that new and material evidence has been received since a March 2010 final denial, and the claim of service connection for a lumbar spine disorder is reopened.

New and Material Evidence When a claim is denied by VA, the claimant has one year from the date of mailing of notice of the denial to file an appeal or submit additional relevant evidence.

Essentially, for the claimant to have the finally denied claim reexamined by VA for whether additional development and readjudication, the claimant must submit "new and material" evidence.

Authorities Cited

Allen v. BrownCromer v. NicholsonGabriel v. BrownGilbert v. DerwinskiGill v. ShinsekiHare v. DerwinskiJandreau v. NicholsonKutscherousky v. WestLayno v. BrownLendon v. NicholsonOrtiz v. PrincipiRucker v. BrownSee Barr v. NicholsonSee Cromer v. NicholsonSee Kahana v. ShinsekiSee Marciniak v. BrownShade v. ShinsekiShedden v. PrincipiWalker v. ShinsekiWashington v. Nicholson

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.1(n)38 CFR 3.10238 CFR 3.156(a)38 CFR 3.159(c)(4)(i)38 CFR 3.301(c)(2)38 CFR 3.301(c)(3)38 CFR 3.301(d)(4)38 CFR 3.30338 CFR 3.303(b)38 CFR 3.303(d)38 CFR 3.31038 CFR 4.10438 USC 111038 USC 111238 USC 113138 USC 510338 USC 5107(b)38 USC 510838 USC 5109

Denial Type

Credibility|No Nexus|Not New Material|Preponderance Against|Duty To Assist

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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.