BVA Case 00-1574: PTSD

BVAReal Board of Veterans' Appeals decision · · MICHEL, Chief Judge

Outcome
Unknown
Decision Date
Unknown
Judge
MICHEL, Chief Judge
Service Era
Not specified

Conditions Claimed

PTSDBackTDIUEye

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

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)
RatingMonthly (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
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Issues on Appeal

PTSDBackTDIUEye

Why It Was Decided This Way

It declined, however, to assign an effective date of September 10, 1992, because the Board concluded that Voracek did not submit a timely NOD following the March 1993 Decision: Although the veteran’s [SSC] was filed within one year of the issuance of the March 1993 rating decision .

Veterans Court Proceedings Voracek claimed that the Board erred in failing to consider his SSC as “new and material” evidence under 38 C.

Nevertheless, the Veterans Court found that Voracek’s SSC alone, without any supporting evidence submitted within the one-year appeal period, did not qualify as new and material evidence.

Voracek argues that the Veterans Court erred in rejecting his SSC as “new and material” evidence under § 3.

156(b) and erroneously imposed an added requirement that “new and material” evidence must be something other than an applicant’s own statement.

Additionally, Voracek contends that the definition for “new and material” evidence contained in § 3.

Under his interpretation of the “new and material” evidence language of § 3.

156(b), Voracek argues his SSC properly constituted “new and material” evidence because the RO had not previously considered his “worsened” condition, and because the severity of his disability was relevant to the rating assigned to him for compensation 05-7060 5 purposes.

Authorities Cited

Bustos v. WestForshey v. PrincipiGonzales v. WestSee Gustafson v. Alloyd CoSee Jones v. DerwinskiVoracek v. PrincipiWhite v. Derwinski

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.15638 CFR 3.156(a)38 CFR 3.156(a) (2000)38 CFR 3.156(a) (2001)38 CFR 3.156(b)38 CFR 3.159 (2001)38 USC 5107(b) (2000)38 USC 7292 (2000)38 USC 7292(c)38 USC 7292(d)(1)

Denial Type

Not New Material|Duty To Assist

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Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.