CAVC Case 03-1276: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · August 5, 2005 · STEINBERG, Chief Judge
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
PTSDBackKneeDiabetesRespiratoryTDIUEyeHypertension
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.
Issues on Appeal
PTSDBackKneeDiabetesRespiratoryTDIUEyeHypertension
Why It Was Decided This Way
A December 30, 2002, Board decision denied the appellant's claim for service connection for the cause of the veteran's death; the Board found that "[n]o service-connected disability was a principal or contributory cause of the veteran's death.
The Board found that the veteran was not a "deceased veteran" for purposes of applying section 1318 because he had no service-connected disabilities rated as 100% disabling for at least the 10 years immediately preceding his death.
The Board noted that the veteran first received a combined rating of 100% on April 22, 1991, and that at the time of his death in August 1996 the 100% rating had been in effect for just over five years.
In support of its conclusion, the Board noted (1) that the Federal Circuit in NOVA I, 260 F.
Parties' Contentions On appeal, the appellant argues that the Board erred by retroactively applying to her 1996 DIC claim an amended version of § 3.
§ 1318(b)(1), the surviving spouse of a veteran who dies from an injury or disease that is not service connected is entitled to DIC benefits in the same manner as if the veteran's death was service connected, if the veteran "was in receipt of or entitled to receive .
West, described three theories, pursuant to section 1318(b), based on which the surviving spouse of a veteran who dies from an injury or disease that is not service connected may receive DIC: [U]nder the umbrella of a general section 1318 DIC claim, a VA claimant may receive section 1318 DIC under any one of the three following theories: (1) If the veteran was in actual receipt of compensation at a total disability rating for 10 consecutive years preceding death, see 38 U.
3 15 continuing a stay of proceedings in certain cases, the court decided to "stay the further processing of claims under sections 1311(a)(2) and 1318 where the survivor seeks to reopen a claim on grounds of new and material evidence, since the permissibility and reasonableness of interpreting the statutes to bar such claims remains to be determined.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not Service Connected|Not New Material
Find Similar Precedent for Your Claim
VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.
Run my claim through VetAid →