Case 24016401: Depression

DecisionVeterans-appeals decision document (court public records) · April 17, 2024 · REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

Outcome
Denied
Decision Date
April 17, 2024
Judge
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
Service Era
April 1971 to May 1972

Conditions Claimed

DepressionAnxietyPsychiatricBackHeartGIRadiculopathyHypertension

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

DepressionAnxietyPsychiatricBackHeartGIRadiculopathyHypertension

Why It Was Decided This Way

16-34 356 DATE: April 17, 2024 ORDER New and material evidence has not been received; the petition to reopen a previously denied claim for service connection for a hiatal hernia is denied.

New and material evidence has not been received; the petition to reopen a previously denied claim for service connection for a nervous condition is denied.

New and Material The Secretary must reopen a finally disallowed claim when new and material evidence is presented or secured with respect to that claim.

New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened and must raise a reasonable possibility of substantiating the claim.

When determining whether the submitted evidence meets the definition of new and material evidence, VA must consider whether the new evidence could, if the claim were reopened, reasonably result in substantiation of the claim.

The threshold for determining whether new and material evidence raises a reasonable possibility of substantiating a claim is "low.

For the purpose of determining whether a case should be reopened, the credibility of the evidence added to the record is to be presumed.

199, 200 (2009), the Court interpreted Boggs and stated the following: [I] n determining whether new and material evidence is required, the focus of the Board's analysis must be on whether the evidence presented truly amounts to a new claim "based upon distinctly diagnosed diseases or injuries" (Boggs, 520 F.

Authorities Cited

Bond v. ShinsekiClemons v. ShinsekiCook v. PrincipiGilbert v. DerwinskiIn Boggs v. PeakeIn Murphy v. WilkieIn Velez v. ShinsekiJandreau v. NicholsonJustus v. PrincipiKnightly v. BrownLisio v. ShinsekiLynch v. McSee Shade v. ShinsekiShade v. ShinsekiVelez v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 19.5538 CFR 20.130338 CFR 3.15638 CFR 3.156 (a)38 CFR 3.156 (b)38 USC 5107(b)38 USC 510838 USC 5108 (2018)38 USC 710438 USC 7104(b)38 USC 7105

Denial Type

Credibility|No Nexus|Not New Material

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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.