CAVC Case 94-688: Depression
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · September 6, 1996 · 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
DepressionPsychiatricBackShoulderSkinEyeArthritisRadiculopathy
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Issues on Appeal
DepressionPsychiatricBackShoulderSkinEyeArthritisRadiculopathy
Why It Was Decided This Way
) 6 In the April 1994 BVA decision here on appeal, the Board found that during his active military service "the veteran sustained a gunshot wound to the right shoulder" and that the "bullet pierced the skin of the shoulder, followed a short track between the skin and the deltoid muscle and exited.
The Board concluded that the criteria for a compensable rating for residuals had not been met, and that previous RO decisions assigning noncompensable ratings for residuals did not contain CUE.
For a claim of CUE to be reasonably raised, the claimant must provide some degree of specificity as to what the alleged error is, and, unless it is the kind of error that, if true, would be CUE on its face, "persuasive reasons must be given as to why the result would have been manifestly different but for the alleged error".
To comply with this requirement, the Board must analyze the credibility and probative value of the evidence, account for the evidence which it finds to be persuasive or unpersuasive, and provide the reasons for its rejection of all material evidence favorable to the veteran.
Furthermore, the Board failed to discuss, or even note, this Court's precedential opinion in Myler that had been issued by the Court approximately two-and-one-half years prior to the Board decision here and which both involves very similar facts and interprets authoritatively the relevant regulations.
§§ 7104(b) and 7105(a) prohibiting reopening for previously disallowed claims except upon new and material evidence.
The Court reviews BVA factfinding under a "clearly erroneous" standard; "if there is a `plausible' basis in the record for the factual determinations of the BVA, .
The Board found that neither the May 1993 private orthopedic examination nor the July 1993 VA examination showed that the scars limited shoulder function to a compensable degree.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not New Material|Cue
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