CAVC Case 03-1208: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · January 25, 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.

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

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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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Outcome
Granted / Vacated / Remanded / Affirmed
Decision Date
January 25, 2006
Judge
HAGEL
Service Era
Not specified

Conditions Claimed

PTSDDepressionAnxietyPsychiatricHeartEye

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Issues on Appeal

PTSDDepressionAnxietyPsychiatricHeartEye

Why It Was Decided This Way

Forcier's appeal from a June 13, 2003, Board of Veterans' Appeals (Board) decision in which the Board denied his claim for service connection for post-traumatic stress disorder.

Forcier argues that the Board erred by failing to require VA to continue assisting him by pursuing verification of his alleged in-service stressor of sexual assault.

We hold that VA complied with its duty to assist Mr.

In that decision, which is now on appeal to this Court, the Board noted the terms of the joint motion for remand but declined to attempt to verify Mr.

The Board determined that the "extensive factual development" in this case indicated that there was no reasonable possibility that any further assistance would aid Mr.

540, 546 (1991), the Board noted that in the face of overwhelming evidence in support of the result in a particular case further inquiry and adherence to the duty to assist would unnecessarily impose burdens on VA with no benefits flowing to the veteran.

Forcier now argues before this Court as follows: (1) The Board erred by failing to require the Secretary to comply with his duty to assist in verifying the alleged in-service stressor; (2) the Board and the Secretary failed to ensure compliance with the terms of the joint motion for remand and violated his right to such compliance under Stegall, 11 Vet.

at 271; and (3) the Board failed to provide adequate reasons or bases for its decision.

Authorities Cited

Bond v. DerwinskiBreeden v. PrincipiCiting Soyini v. DerwinskiDela Cruz v. PrincipiGilbert v. DerwinskiHenderson v. WestHersey v. DerwinskiHines v. BrownSee Patton v. WestSee Stadin v. BrownSmith v. GoberStegall v. WestWensch v. PrincipiWood v. Derwinski

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.15938 CFR 3.159(d)38 CFR 3.304(f)38 CFR 3.304(f) (2004)38 CFR 3.304(f)(3)38 USC 30338 USC 510338 USC 710438 USC 7104(a)38 USC 7252(a)38 USC 7261(a)(1)38 USC 7261(a)(4)38 USC 7261(b)38 USC 7263(a)38 USC 7266(a)

Denial Type

Credibility|No Nexus|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.