CAVC Case 90-103: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · September 15, 1993 · KRAMER
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
PsychiatricBackCervicalKneeShoulderHipHeartDiabetesTDIUEye
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Issues on Appeal
PsychiatricBackCervicalKneeShoulderHipHeartDiabetes
Why It Was Decided This Way
actor in the veteran's unemployment; to discuss the veteran's capacity for work; and to discuss the credibility of the veteran's sworn testimony as evidence.
In its June 7, 1991, decision, the BVA placed substantial reliance upon that treatment note as demonstrating that the veteran is not unemployable due to his service-connected disabilities, and also as adversely affecting the credibility of the veteran's complaints of disabling pain and inability to work.
88, September of 1983, or anytime in between", and that the Board's reliance upon that evidence was clearly erroneous.
The determination as to when this incident occurred is a determination of fact, which this Court reviews under a "clearly erroneous" standard.
The appellant points out that the Board concluded in its decision on remand that he had ceased his full-time work as a pressman in October 1987 and had ceased his part-time work as a salesman in early 1988 due in whole or in part to his non-service-connected disabilities.
The Board determined that he had ceased employment in 1987 and 1988 due in whole or in part to his non- service-connected disabilities, including a heart disability and Meniere's disease.
we point out that we find his testimony lacking in credibility due to the many inconsistencies he has sprinkled throughout the record, there is no 7 persuasive evidence that his service[-]connected disabilities, principally orthopedic, in 1987, 1988[,] or thereafter precluded all employment within his capabilities.
The Court does not find these reasons inadequate or the conclusion lacking "a plausible basis in the record" so as to render it clearly erroneous under 38 U.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Inadequate Exam
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