CAVC Case 03-2196: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · July 12, 2006 · MOORMAN
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
PTSDAnxietyPsychiatricBackHearing LossHipGITDIUEye
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Issues on Appeal
PTSDAnxietyPsychiatricBackHearing LossHipGITDIU
Why It Was Decided This Way
In the decision on appeal, the Board denied an effective date earlier than April 15, 1992.
In denying the appellant's request for an earlier effective date, the Board determined, inter alia, that neither his May 1986 application for benefits nor his August 1986 statement in support of claim could have been construed as a claim for compensation benefits under 38 U.
Based on this analysis, the Board concluded that the preponderance of the evidence was against finding that the veteran had filed a claim under section 1151 in 1986.
THE PARTIES' ARGUMENTS On appeal, the appellant asserts that the Board erred in 2003 when it determined that his May 1986 and August 1986 filings did not constitute informal claims for compensation benefits under 38 U.
In this regard, he maintains that VA had a duty to sympathetically read his pro se pleadings and determine all potential claims raised by the evidence, and therefore, the Board erred when it treated his 1986 application as one exclusively for pension benefits.
A Board determination of the proper effective date for an award of VA benefits is a finding of fact reviewed under the "clearly erroneous" standard of review set forth in 38 U.
A factual finding 'is "clearly erroneous" when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.
The claimant must provide some degree of specificity as to what the alleged error is and, unless it is the kind of error that, if true, would be CUE on its face, "persuasive reasons must be given as to why the result would have been manifestly different but for the alleged error.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Preponderance Against|Duty To Assist|Cue
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