CAVC Case 90-222: Anxiety
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · April 24, 1992 · 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
AnxietyPsychiatricBackTDIUEyeArthritisHypertension
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Issues on Appeal
AnxietyPsychiatricBackTDIUEyeArthritisHypertension
Why It Was Decided This Way
The rating board concluded: "Veteran is not shown to be unemployable primarily because of [service-connected] condition.
He 3 concurrently filed his Notice of Disagreement with the August 1988 rating decision, as it did not consider unemployability.
On December 9, 1989, the Board denied entitlement to a total rating by reason of individual unemployability due to a service-connected psychiatric disorder.
The Court agrees with the Secretary that the BVA failed to address the credibility and probative weight of the hearing testimony and psychiatric examination findings, failed to consider the unemployability issue in light of 38 C.
The 1989 BVA decision, now on appeal, failed to address such administrative error and apparently continued the unlawful reduction.
201(a) is without merit, there is evidence in the record that the VA had actual notice of such records and failed in its duty to assist the veteran in developing his claim by acquiring those records under 38 U.
§ 5107(a), the VA's duty to assist specifically includes requesting information from other Federal departments or agencies.
The VARO had actual notice that the veteran was receiving SSA disability benefits based upon his unemployability status (at least since 1981), and violated its duty to assist the veteran by not acquiring the SSA decision and the supporting medical records that were pertinent to his VA claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Duty To Assist
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