CAVC Case 91-1179: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · May 18, 1993 · 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
PsychiatricBackHearing LossHipEye
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Issues on Appeal
PsychiatricBackHearing LossHipEye
Why It Was Decided This Way
In the March 13, 1991, BVA decision here on appeal, the Board denied service connection for hearing loss.
With respect to the right ear, the Board concluded that "the veteran's hearing acuity in his right ear was within normal limits during service, and [HFHL] in the right ear was not present until many years after service.
With respect to the left ear, the Board noted that the threshold levels of 60 dB and 70 dB in the 4000 Hz range recorded on the entrance and separation audiometric tests, respectively, were outside of normal limits and represented a 10-decibel diminishment in hearing acuity at that level during service.
The Board concluded, however, that the recorded diminishment in hearing during service was "of minimal significance in demonstrating an increase in the severity of any preservice hearing deficit" and that the evidence, therefore, did not demonstrate that the veteran's preexisting right-ear hearing disability had been aggravated during service.
Although this statement is fraught with ambiguity, it appears that the Board concluded that the recorded decrease in hearing ability did not constitute an "increase in disability" during service so as to create a presumption of aggravation under the applicable statutory and regulatory provisions set forth above.
To comply with this requirement, the Board must analyze the credibility and probative value of the evidence, account for the evidence which it finds to be persuasive or unpersuasive, and provide the reasons for rejecting any evidence favorable to the veteran.
In the instant case, the Board failed to provide any reasons or bases to support the conclusion that the objectively measured worsening of left-ear hearing capacity during service did not constitute an "increase in disability" requiring application of the statutory presumption of aggravation.
Therefore, remand is required for prompt readjudication and issuance of a decision supported by reasons or bases consistent with this opinion.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility
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