CAVC Case 95-570: Depression
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · August 12, 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
DepressionAnxietyPsychiatricBackHipHeartRespiratory
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Issues on Appeal
DepressionAnxietyPsychiatricBackHipHeartRespiratory
Why It Was Decided This Way
The Board found that prior to his death, the anxiety neurosis was manifested by psychiatric symptoms including anxiety, feelings of depression, nightmares, and flashbacks.
The Board noted that the December 1986 decision was final and its current review by an enlarged panel was for the purpose of determining whether the December 1986 decision involved "obvious error" so as to warrant reversal.
However, the Board noted evidence showing that the veteran's thinking was organized, his "affect was appropriate," his recent and remote memory 4 appeared to be grossly intact, and he was oriented to time, place, and person.
The Board found that the December 1986 BVA decision, which denied the appellant's claim to an increased evaluation of the veteran's service-connected anxiety neurosis for purposes of collecting accrued benefits, was adequately supported by the evidence then of record.
In February 1992, four years after the last, final BVA reconsideration decision of February 1988, the appellant submitted a document which could be interpreted as a claim alleging CUE in the 1985 and 1988 BVA decisions or, in the alternative, a request to reopen her claim based upon new and material evidence.
In the May 16, 1995 decision, the Board found that "[c]lear and unmistakable error [did] not exist as a matter of law with respect to the February 1988 decision of the Board, and that decision is final.
New and Material Evidence A veteran's survivors may have a claim for benefits under chapter 13 of title 38, but such claims are different from those of the veteran.
The Court held that in those circumstances, "there must be new and material evidence before the accrued benefits claim may be considered, just as would have been the case if the veteran had himself been re-presenting the compensation claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material|Cue
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