CAVC Case 97-1054: Depression
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · August 19, 1998 · 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
DepressionPsychiatricBackHeadache
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Issues on Appeal
DepressionPsychiatricBackHeadache
Why It Was Decided This Way
In the April 8, 1997, BVA decision here on appeal, the Board denied as not well grounded the veteran's claim on the ground of an absence of evidence of a nexus between the veteran's in-service treatment of symptoms of depression and paranoia, diagnosed as inadequate personality, and his current acquired psychiatric disorder.
A well-grounded service-connection claim generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the asserted in-service injury or disease and a current disability.
The credibility of evidence in support of the claim is generally presumed in determining whether a claim is well grounded.
In the present case, the Court holds, upon de novo review and presuming the credibility of the evidence submitted by the veteran, that the veteran has submitted a well-grounded claim.
Finally, as to the question of a nexus between his current condition and service, see Epps, Caluza, and Grottveit, all supra, the November 1992 private 4 medical examination report contains an Axis IV assessment of, inter alia, "Military Life".
Consequently, this record provides competent evidence, assuming its credibility, see Robinette and King, both supra, of a possible or plausible connection between the veteran's current condition and the in-service incurrence that he had experienced, and the Court thus holds that the veteran has submitted a well-grounded claim.
513, 516 (1996) (stating that medical evidence as to nexus to service expressed as "could" suffices for requirement of well-grounded claim); Watai v.
441, 443 (1996) (holding that medical evidence as to nexus to service expressed as "very well might have been", although not "conclusive", suffices to well ground claim); Robinette, 8 Vet.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Inadequate Exam
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