CAVC Case 94-255: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · October 31, 1996 · 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
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Issues on Appeal
PsychiatricBackHipSkinEye
Why It Was Decided This Way
In the December 1993 BVA decision here on appeal, the Board found that the appellant had submitted a well-grounded claim, that the veteran had died due to a self-inflicted gunshot wound to the head while playing Russian roulette, and that the veteran was not insane at the time of his death.
The Board denied DIC, finding that the veteran's death was the result of his own willful misconduct and was not incurred in the line of duty.
The BVA's determination of whether willful misconduct occurred is a determination of fact subject to review by the Court under the "clearly erroneous" standard of review.
Under the "clearly erroneous" standard, "if there is a `plausible' basis in the record for the factual determinations of the BVA, .
To comply with this requirement, the Board must analyze the credibility and probative value of the evidence, account for the evidence that it finds to be persuasive or unpersuasive, and provide the reasons for its rejection of all material evidence favorable to the veteran.
1(n)(1), was shown by a preponderance of the evidence.
If the BVA finds that an exception does apply (in this case, willful misconduct), and denies the claim solely on the basis of such exception, the Board must establish that denial of the claim is justified by a preponderance of the evidence.
Finally, she contends that the Board's finding that the veteran's death was an accident rather than a suicide was clearly erroneous.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Preponderance Against|Duty To Assist
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