BVA Case 24009973: Depression
BVAReal Board of Veterans' Appeals decision · February 29, 2024 · Vito A. Clementi
Conditions Claimed
DepressionBackCervicalKneeShoulderHipHeadacheTBIHeartDiabetes
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
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
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not New Material|Preponderance Against|Duty To Assist
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