CAVC Case 93-595: Depression
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · August 11, 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.
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
DepressionAnxietyBackKneeShoulderEyeRadiculopathy
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Issues on Appeal
DepressionAnxietyBackKneeShoulderEyeRadiculopathy
Why It Was Decided This Way
FARLEY, Judge: This is an appeal from a March 2, 1993, decision of the Board of Veterans' Appeals (BVA or Board) which declined to reopen the appellant's claim for service connection for a low back disorder, finding that new and material evidence had not been submitted.
in service [is] considered acute and transitory without evidence of chronic residuals and not related to present disabilit[y].
In a July 1987 rating decision, the RO stated, "Multiple medical reports currently received deal with treatment many years after the fact and do not provide a new and material basis nor new factual basis for reconsideration of [service connection].
On March 2, 1993, the BVA denied the appellant's claim, finding that she had not submitted new and material evidence 7 sufficient to reopen her claim.
The Board found that all the records which had been submitted were either duplicative of previous evidence of record, or not material, in that they "only demonstrate that the veteran began to receive treatment for a chronic back disorder several years after her discharge from service and [have] no sufficient bearing on the issue of whether a chronic back disorder was present in service.
The Board also found that this evidence rebutted the presumption that the appellant entered service in sound condition but, perhaps due to its determination that the appellant had not submitted new and material evidence to warrant reopening of his claim, the Board did not address whether the condition it found to have pre-existed service was aggravated during service.
There is an exception to this rule, however, and it states that "[i]f 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.
§ 7104, the Board must base its decisions on "all evidence and material of record," and must provide a "written statement of [its] findings and conclusions, and the reasons or bases for those findings and conclusions, on all material issues of fact and law presented on the record.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Not New Material
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