CAVC Case 90-675: Depression
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · October 16, 1991 · FARLEY
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
DepressionPsychiatricBackEye
Why It Was Decided This Way
§ 7261(a)(4) that the Board of Veterans' Appeals (Board or BVA) was clearly erroneous in its conclusion that appellant's Tourette's syndrome "is not shown to have been present during service and was first manifested several years thereafter.
The BVA concluded that while the veteran had submitted new and material evidence, including the letters from Sergeant Scott and Dr.
In reviewing a finding of fact made by the Board, the Court will "hold unlawful and set aside such finding if the finding is clearly erroneous.
The "clearly erroneous" standard has been defined 6 as follows: "A finding is 'clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.
In determining whether a finding is clearly erroneous, "this Court is not permitted to substitute its judgment for that of the BVA on issues of material fact; if there is a 'plausible' basis in the record for the factual determinations of the BVA .
Although the Board found that the new evidence submitted on behalf of the veteran "does not overcome the preponderant weight of the contemporaneous medical records," Hanson, BVA 90-01738, at 6, we find that those contemporaneous records contain nothing which contradicts the new evidence.
§ 7261(a)(4) that the Board was clearly erroneous in concluding in its decision of March 23, 1990, that appellant's Tourette's syndrome "is not shown to have been present during service and was first manifested several years thereafter.
15, 1991), the Board is first required to determine whether the evidence submitted is new and material.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material|Duty To Assist
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