CAVC Case 93-289: Anxiety

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · April 6, 1995 · 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.

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Official 2026 VA monthly compensation, including the 2.8% COLA increase.

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2026 base rates, all ratings (veteran alone)
RatingMonthly (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
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Outcome
Affirmed
Decision Date
April 6, 1995
Judge
NEBEKER, Chief Judge
Service Era
Not specified

Conditions Claimed

AnxietyBackKneeHipTBIHeartDiabetesHypertension

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Issues on Appeal

AnxietyBackKneeHipTBIHeartDiabetesHypertension

Why It Was Decided This Way

The Board denied the appellant's claim and she filed a timely appeal to this Court.

Clearly Erroneous" Standard of Review The surviving spouse of a veteran who has died from a service-connected or compensable disability may be entitled to receive dependency and indemnity compensation.

The Board found that the cause of the veteran's death was myocardial infarction due to arteriosclerotic heart disease.

Abrams, the Board concluded that service connection for cause of death was not warranted.

The Board's denial of service connection for cause of death is a factual determination that must be affirmed unless it is found to be "clearly erroneous.

Thus, the Board concluded that the medical opinions offered on behalf of the appellant, linking the veteran's heart disease to stress caused by the pain of his service-connected disabilities, did not provide a basis for establishing service connection for cause of death.

, male sex, advanced age, smoking, hypertension, and diabetes) that were shown to be present in the veteran's case, the Board determined that his service-connected disabilities were not "the 'proximate cause' of the heart disorder which precipitated his death and service connection [was] not warranted on that basis.

Additionally, the Board found that "the veteran's organic heart disease was clearly of an overwhelming nature and it [was] not shown that the service-connected disabilities affected vital organs or were of a progressive or debilitating nature [or that they] accelerated or contributed to the veteran's death.

Authorities Cited

Colvin v. DerwinskiGabrielson v. BrownPaller v. PrincipiSammarco v. DerwinskiSee Gabrielson v. BrownSee Gilbert v. DerwinskiSee Turner v. BrownSoyini v. Derwinski

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.310(a)38 CFR 3.31238 CFR 3.312(a) (1994)38 CFR 3.312(c)(1)38 CFR 3.312(c)(2)38 CFR 3.312(c)(4)38 USC 131038 USC 7104(d)(1)38 USC 7261(b)

Denial Type

Credibility|Not New Material

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Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.