CAVC Case 97-62: Anxiety
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · March 25, 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
AnxietyPsychiatricBackHeadacheRespiratoryEyeArthritisHypertension
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Issues on Appeal
AnxietyPsychiatricBackHeadacheRespiratoryEyeArthritisHypertension
Why It Was Decided This Way
Bostain, widow of veteran Carl Bostain, appeals a September 26, 1996, decision of the Board of Veterans' Appeals (Board or BVA) which determined that she had not submitted new and material evidence to reopen her claim for dependency and indemnity compensation (DIC).
In June 1985, the BVA determined that the appellant was not entitled to DIC because the veteran's cause of death was not service connected.
In October 1987, the BVA found that the appellant had not submitted new and material evidence to reopen her claim.
Connelly's opinion was not new and material evidence.
The BVA found that the appellant had not submitted new and material evidence to reopen her claim.
ANALYSIS New and material evidence must be presented or secured to reopen a claim which was disallowed by a final adjudication.
First, it must be determined whether the evidence presented or secured since the last final disallowance of the claim is new and material when the credibility of the new evidence is presumed.
Second, if the evidence is new and material, then the adjudicator must reopen the claim and readjudicate the claim on the merits.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not Service Connected|Not New Material
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