CAVC Case 95-444: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · March 21, 1997 · 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
PsychiatricBackCervicalKneeHipSkinHeartGITDIUEye
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Issues on Appeal
PsychiatricBackCervicalKneeHipSkinHeartGI
Why It Was Decided This Way
A well-grounded service-connection claim generally requires medical evidence of a current disability; medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and medical evidence of a nexus between an in-service injury or disease and a current disability.
For the purpose of determining whether a claim is well grounded, the credibility of the evidence is presumed.
As noted earlier, a well-grounded service-connection claim generally requires, inter alia, competent evidence of in-service incurrence or aggravation of a disease or injury, and medical evidence of a nexus between an in-service injury or disease (or the aggravation thereof) and a current disability (if one is shown by the evidence).
As to the in-service-incurrence and medical-nexus prongs of the well-grounded-claim requirement, no direct evidence is required as to a soft-tissue-sarcoma claim in the case of a Vietnam veteran.
309(e), fulfills the requirements for evidence of both service incurrence and medical nexus.
§ 1154(b) related only to the question of service incurrence, "that is, what happened then -- not the questions of either current disability or nexus to service, as to both of which competent medical evidence is generally required.
309(e), would always carry with it the presumption of nexus to service as well.
12 That leaves as the only remaining question as to well groundedness whether the veteran has submitted sufficient evidence to make out a plausible showing of present soft-tissue sarcoma, given the presumption of credibility that attaches to that evidence for this threshold purpose, see Robinette, supra, and thus to well ground his claim for service connection for soft-tissue sarcoma under 38 U.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not New Material|Duty To Assist
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