CAVC Case 90-1544: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · October 4, 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
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Issues on Appeal
PsychiatricBackEye
Why It Was Decided This Way
171 (1991), and (b) a discussion of the benefit of the doubt standard under 38 U.
§ 5107(b) (West 1991); and (2) failed to address appellant's allegation of prejudicial bias under 38 C.
In its October 2, 1990, decision, the BVA determined that no new and material evidence had been presented to reopen appellant's claim, noting that "[t]he Board of Veterans' Appeals decision of January 1989 is final, and a new factual basis has not been presented which establishes that an acquired psychiatric disorder was incurred in or aggravated by service.
New and Material Evidence Contrary to appellant's contentions in his opposition to the Secretary's motion, see Appellant's Resp.
§ 5108 (West 1991) which states that "[i]f 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.
127, 135-36 (1993) (applying to claims finally denied by RO under section 7105(c) the section 5108 provisions for reopening claims finally denied by BVA upon the submission of new and material evidence).
Therefore, once a BVA decision becomes final under section 7104(b), absent the submission of new and material evidence, the claim cannot be reopened or readjudicated by the VA.
239, 243- 4 45 (1993) (reopening or readjudication of a finally denied claim by the RO or the BVA in the absence of new and material evidence must be considered "in excess of statutory jurisdiction, authority, [and] limitations," and will be held "unlawful and set aside.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not New Material
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