CAVC Case 90-142: Depression
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · September 16, 1991 · 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
DepressionPsychiatricBackHipHeadacheTDIU
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Issues on Appeal
DepressionPsychiatricBackHipHeadacheTDIU
Why It Was Decided This Way
Although the Board increased the veteran's rating for his service-connected disability from 10 percent to 30 percent, the Board failed to assess properly the veteran's condition in a manner consistent with the rating schedule.
In addition, the Board failed to provide "reasons or bases" pursuant to 38 U.
The Board found as fact that "[t]he veteran's primary disability is psychophysiological musculoskeletal disorder which is manifested by social isolation, difficulty with interpersonal relationships, headaches and tenderness in his low back.
The Board concluded that the denial of unemployability benefits must be affirmed.
In his brief to this Court, appellant asks the Court to find that the Board was clearly erroneous and to set aside its determination that his service-connected condition warrants only a 30-percent rating.
The Board found that appellant has difficulty maintaining employment; however, the elements of "obtaining and retaining employment" does not appear in the 30-percent rating criteria.
In the decision now before the Court, the Board failed to apply properly the criteria set out in the rating schedule.
In addition to its failure to rate the veteran properly under the rating criteria in a manner that would facilitate review, the Board failed to articulate how the diagnoses of the VA psychiatrist relates to the elements and terminology of the rating schedule resulting in the determination that the veteran's disability is ratable only at 30 percent.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Rating Criteria
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