CAVC Case 90-1394: Anxiety
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · January 13, 1993 · FARLEY
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
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Issues on Appeal
AnxietyPsychiatricBackTDIUEye
Why It Was Decided This Way
A January 31, 1977, rating decision found that this evidence was not new and material evidence so as to reopen the veteran's claim.
The VA responded on August 25, 1989, by reminding the veteran that the BVA had denied his claim for service connection in 1975 and recommending that he submit new and material evidence not previously considered in order to reopen his claim.
The August 8, 1990, BVA decision found that the "[e]vidence received subsequent to the June 1975 Board of Veterans [sic] Appeals decision is new and material, but does not alter the basis upon which it was predicated.
§ 5108 (formerly § 3008) which states: If new and material evidence is presented or secured with respect to a claim which has been disallowed, the Secretary shall reopen the claim and review the former disposition of the claim.
First, the BVA must determine whether the evidence is "new and material".
Second, if the BVA determines that the claimant has produced new and material evidence, the case is reopened and the BVA must evaluate the merits of the veteran's claim in light of all the evidence, both new and old.
The determination whether evidence is "new and material" is a conclusion of law which the Court reviews de novo under 38 U.
Here, the BVA found that "[e]vidence received subsequent to the June 1975 Board of Veterans Appeals [sic] decision is new and material, but does not alter the basis upon which it was predicated.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not New Material|Duty To Assist
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