CAVC Case 98-1825: Psychiatric
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · October 24, 2000 · HOLDAWAY
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
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Issues on Appeal
PsychiatricHipTDIU
Why It Was Decided This Way
The appellant immediately filed a second NOD, but again did not address concerns, if any, that he had about any other SSA records he had not submitted with his claim.
In its June 1998 decision, the Board found that at the time of the August 1979 rating decision, there was no competent medical evidence of record which demonstrated that the appellant's chronic acquired paranoid schizophrenia was actively psychotic, that it was not until April 1994 that competent medical evidence was presented which indicated that the appellant was permanently and totally disabled from any kind of employment, and that the appellant's claim for entitlement to an increased rating for chronic acquired paranoid schizophrenia was received by VA on April 29, 1994.
Once a claimant has submitted a well-grounded claim, the Secretary has a duty to assist the claimant "in developing the facts pertinent to the claim.
August 1979 decision The appellant also asserts that VA's failure to obtain his SSA records in August 1979 constitutes a violation of VA's duty to assist, and therefore, there is CUE as to that decision.
1999), has muddied the previous bright line rule dealing with failures on the part of VA to fulfill its duty to assist, and in doing so, has created an issue of finality in certain cases which needs to be addressed.
CUE This Court has long held that a failure of a duty to assist does not rise to the level of CUE.
The Federal Circuit's holding in Hayre changed that by providing veterans a means by which to attack, though technically not considered collateral in nature, a "final" rating decision, by claiming that VA failed in its duty to assist, which, if demonstrated, serves to "vitiate the finality" of that particular rating decision.
The Court notes that the distinction between Hayre and this case is that Hayre addressed VA's violations of the duty to assist as it relates to the VARO's acquiring of service medical records, documents which the Court points out are under VA control, whereas the issue in the instant case is the acquisition of the veteran's SSA records, documents not only not under VA control, but also not clearly pertinent to the claim presented.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Duty To Assist|Cue
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