CAVC Case 02-300: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · August 18, 2006 · HAGEL
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
PTSDPsychiatricBackGIEye
Why It Was Decided This Way
Rudd appeals through counsel a November 15, 2001, Board of Veterans' Appeals (Board) decision in which the Board denied him (1) an effective date prior to December 14, 1994, for an award of service connection for irritable bowel syndrome, (2) an effective date prior to November 1, 1994, for an award of service connection for bipolar disorder, and (3) an effective date prior to December 14, 1994, for the assignment of a 60% disability rating for his service-connected low-back disability.
In that decision, the Board denied him (1) an effective date prior to December 14, 1994, for his service-connected irritable bowel syndrome, (2) an effective date prior to November 1, 1994, for his service-connected bipolar disorder, and (3) an effective date prior to December 14, 1994, for the assignment of a 60% disability rating for his service-connected low-back disability.
With respect to the irritable bowel syndrome, the Board concluded that December 14, 1994, was the proper 3 effective date for that award because that is the date of the claim and "[t]here is no evidence of any earlier communication which could even be construed as an informal claim for service connection" for irritable bowel syndrome.
Turning to the low-back disability, the Board concluded that the increased-rating claim was received on December 14, 1994, that there was no evidence of an earlier informal claim, and that there was no evidence "of any treatment or examination or any other evidence of an ascertainable increase in his service-connected back disability" in the year preceding the filing of that claim.
Rudd argues that the Board failed to obtain certain evidence, including records from the Social Security Administration, which might be relevant in determining the proper effective date for his service-connected bipolar disorder.
Rudd could attempt to overcome the finality of those decisions–in an attempt to gain earlier effective dates–in one of two ways, by a request for revision of those regional office decisions based on clear and unmistakable error, or by a claim to reopen based upon new and material evidence.
§ 5108 ("If new and material evidence is presented or secured with respect to a claim which has been disallowed, the Secretary shall reopen the claim and review the former disposition of the claim.
In addition, the Board decision on appeal will be vacated because the Board erred to the extent that it entertained such an improper "claim" without imposing the strictures of finality.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material|Duty To Assist|Cue
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