CAVC Case 90-178: Depression
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · November 12, 1991 · MANKIN
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
DepressionAnxietyPsychiatricBackCervicalEye
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Issues on Appeal
DepressionAnxietyPsychiatricBackCervicalEye
Why It Was Decided This Way
The rating board denied service connection for a nervous condition because there was no evidence of 3 treatment for a nervous condition in service.
The rating board found that the evidence was new but not material since it did not tend to support the conclusion that appellant's current condition was incurred in or that it was aggravated while he was in service or that it had manifested itself within one year after appellant was discharged.
A rating decision issued on December 18, 1986, determined that appellant had not offered any new and material evidence.
The rating board determined that the reports were "cumulative in nature, and only confirm[ed] the presence of a nervous condition, and that "they [did] not establish a new factual basis warranting reconsideration of s[ervice] c[onnection] for the nervous condition.
90-239, at 4 (May 23, 1988) (in affirming the BVA's denial to reopen the claim, the Court found that the BVA committed error when the Board treated evidence submitted by appellant as new and material when it concluded that the evidence was cumulative).
The rating board determined on June 9, 1987, that the records did constitute new, but not material evidence sufficient to reopen the claim because "they merely relate[d] to treatment 13 to 14 years after service.
The hearing officer determined that the evidence presented at appellant's personal hearing was not new and material.
II Analysis The VA Regional Office determined that the medical records from the Connecticut Department of Correction, which were not before the hearing examiner, were new and material.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not New Material
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