CAVC Case 93-493: Anxiety
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · February 4, 1994 · 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
AnxietyPsychiatricBackCervicalShoulderHipHeadacheSkinRespiratoryGI
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Issues on Appeal
AnxietyPsychiatricBackCervicalShoulderHipHeadacheSkin
Why It Was Decided This Way
§ 5107(a), that "the facts relevant to the issue on appeal have been properly and adequately developed", and that VA had complied with its statutory duty to assist.
Warner's statements that in May 1984 he had recommended that the veteran undergo an HIV blood test, the Board noted that "HIV testing was not available in 1984, as noted in several documents of record.
at 305), the Board concluded that "the veteran's visit .
Fernandez's August 1992 statement that the veteran had suffered from ARC in 1985, the Board noted that, when he was asked to provide records upon which that statement was based, Dr.
11 The Board noted that, although the December 1988 HIV serology laboratory slip from the Alabama Department of Public Health indicated that the veteran had been found to be HIV positive (and diagnosed with ARC) in 1985, "[a]ctual test results from 1985 are not in the file, and the veteran did not reply to the RO's request to identify where any 1985 HIV test was taken.
Warner's assessment that HIV infection occurred in service, the Board noted that the SMRs were negative for any complaints or findings of night sweats or adenopathy during service.
Swinger's April 1992 statement, the Board noted that his opinion that the veteran's had experienced a "six to eight week-long viral syndrome in late 1982" that was "significantly associated with initial HIV infection" was not supported by the SMRs, which show only "gastrointestinal complaints of about two weeks['] duration in September 1982", and which document "a long history of the same complaints throughout childhood".
The Board concluded: [T]he various medical statements supporting the veteran's claim are based on a history that is not credible.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Preponderance Against|Duty To Assist
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