CAVC Case 96-1596: Anxiety
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · September 8, 1998 · 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
AnxietyPsychiatricBackKneeHipAnkleHeadache
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Issues on Appeal
AnxietyPsychiatricBackKneeHipAnkleHeadache
Why It Was Decided This Way
FARLEY, Judge: This is an appeal from an October 16, 1996, decision of the Board of Veterans' Appeals (BVA or Board) which found that the veteran had failed to submit new and material evidence to reopen his claims for service connection for a psychiatric disorder and a left knee disorder.
The regional office (RO) found that the veteran did suffer 2 from neurosis, but that his condition was not related to service, and assigned a 30% non-service-connected rating.
In a February 14, 1994, rating decision, the RO found that the veteran had failed to submit new and material evidence to reopen his claims for service connection for a nervous condition and a left knee condition.
The RO issued a rating decision in October 1995 confirming its prior decision that the veteran had failed to submit new and material evidence to reopen his claim for service connection for a neuropsychiatric disorder.
The issues certified on appeal to the BVA were (i) whether new and material evidence had been submitted to reopen the veteran's claim for service connection for a psychiatric disorder, and (ii) whether new and material evidence had been submitted to reopen his claim for service connection for a left knee disorder.
In the October 16, 1996, decision here on appeal, the Board found that the evidence submitted was not new and material and did not reopen either claim.
Section 5108 of title 38 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.
Therefore, once a BVA decision becomes final under section 7104(b), "the Board does not have jurisdiction to consider [the previously adjudicated claim] unless new and material evidence is presented, and before the Board may reopen such a claim, it must so find.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Not New Material
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