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Board of Veterans' Appeals · AMA series

The appeal seeking revision of the February 2021 rating decision that denied entitlement to an initial disability rating in excess of 30 percent for an acquired psychiatric disorder is denied.

July 30, 2026Citation Nr. A26069918Docket 241212-501900va.gov source

  • initial disability rating in excess of 30 percent for an acquired psychiatric disorderDenied

Board reasoning

The Board concluded that the February 2021 rating decision did not contain CUE and denied the claim, weighing conflicting medical evidence and choosing the 30 percent rating as correct under DC 9411. It cited that the January 2021 and July 2019 examiners described symptoms compatible with a 30 percent rating, while acknowledging other exam reports suggested higher impairment, but held that the overall record supported no greater than 30 percent. The Board further found that disagreement over how the facts were weighed does not constitute CUE and that the prior decision remained consistent with the law and evidence at the time.

Issues

  • initial disability rating in excess of 30 percent for an acquired psychiatric disorderDenied

Authorities

  • Damrel v. Brown, 6 Vet. App. 242 (1994)Three-pronged test for CUE applied in reasoning
  • Russell v. Principi, 3 Vet. App. 310 (1992)Res judicata and limits on raising CUE
  • Mauerhan v. Principi, 16 Vet. App. 436Guidance that symptom lists are examples, not exhaustive

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.