CAVC Case 90-654: Anxiety
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · August 19, 1991 · NEBEKER, Chief Judge
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
AnxietyBackHearing LossShoulderHipGIArthritis
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Issues on Appeal
AnxietyBackHearing LossShoulderHipGIArthritis
Why It Was Decided This Way
While stating that it did "not doubt the sincerity of the lay statements", the rating board found that "the evidence fails to establish that the veteran had any complaints of a hearing loss or stomach condition during his active military duty.
Crotwell's diagnosis, the rating board found that "SC [Service connection] for arthritis of the left shoulder is not established.
at 176-77) was not new and material so as to warrant a reopening of those claims.
§ 5107(a) (formerly § 3007) duty to assist the veteran with respect to obtaining military medical records as to the veteran's hearing-loss claim as well as documents regarding POW medical treatment submitted as evidence at the Nürnberg trials.
As to the duty to assist, the Secretary stresses that 38 C.
Hearing Loss 6 In order to justify the reopening of a claim, a VA claimant must submit "new and material evidence".
assess the new and material evidence in the context of the other evidence of record and make new factual determinations".
at 4 (May 23, 1991) (BVA erred in reopening claim based on submission of allegedly "new and material" evidence which was, as a matter of law, essentially cumulative).
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not New Material|Duty To Assist
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