CAVC Case 91-2162: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · April 16, 1993 · 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
PsychiatricBackKneeShoulderHipEyeArthritis
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Issues on Appeal
PsychiatricBackKneeShoulderHipEyeArthritis
Why It Was Decided This Way
McIntosh appeals from a November 1, 1991, decision of the Board of Veterans' Appeals (BVA or Board) which declined to reopen his previously disallowed claim for service connection for a right knee disability on the grounds that evidence submitted by the veteran did not constitute "new and material" evidence.
The Court holds that the BVA determination that the evidence submitted by appellant was not new and material was correct.
The veteran's original claim for service connection for a right knee injury was denied by a Regional Office (RO) rating board in October 1954; the rating board noted that the veteran had injured his knee playing football in 1949 and that no aggravation of the injury was shown to have occurred during service "other than the expected residual of previous injury.
The RO rating board denied his claim, stating that "evidence does not show any substantial findings in the second period of service to warrant conclusion of increased level of disability.
The veteran appealed this decision to the BVA, and in April 1964, the Board denied his claim on the grounds that his "preservice right knee disability was not aggravated by active service.
On September 12, 1990, an RO rating board declined to reopen his claim on the grounds that the additional evidence submitted did not constitute new and material evidence.
) The BVA denied the veteran's claim on November 1, 1991, affirming the RO rating board's determination that the evidence submitted in 1990 did not constitute new and material evidence warranting a reopening of the veteran's claim.
6 Section 5108 provides: "If new and material evidence is presented or secured with respect to a claim which has been disallowed, the Secretary shall reopen the claim and review the former disposition of the claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material|Cue
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