CAVC Case 07-0764: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2007-02-01 · LANCE, 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
PTSDDepressionAnxietyPsychiatricCervicalHearing LossTinnitusSleep ApneaShoulderSkin
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Issues on Appeal
Service ConnectionEffective DateReopenIncreased RatingHearing LossPTSDSleep Apnea
Why It Was Decided This Way
Initially,the Court notes that it lacks jurisdiction over the claims for a skin disorder,bilateral hearing loss,increased ratings for an undiagnosed illness manifested by joint pain and tinnitus,whether new and material evidence had been received as to a left shoulder disorder,and a dental/jaw disorder.
As to the right foot,the Board found the appellant is properly rated as 10%disabled for hallux valgus and that the calluses at the base of the right foot do not constitute distinct and separate disabilities to warrant separate ratings.
As to her left foot,the Board found that she is rated 10%disabled under DC 7819,the highest rating available under that code,for the calluses of her left foot.
On appeal,the Board found that the evidence of record reflects additional psychiatric diagnoses [but that]this evidence is not material because it does not show a clinical diagnosis of PTSD.
Therefore, the Board determined that the evidence submitted was not new and material and the claim was not reopened.
The Board found, however,that she had not filed her claim until 2004 and she could not,as a matter of law, be awarded an effective date earlier than the date of her claim for service connection.
The RO issued a rating decision denying service connection for GERD and a right shoulder condition because it found there was no nexus between either condition and her military service.
On appeal,the Board also concluded that her right shoulder and her GERD condition were not related to service.
Authorities Cited
Denial Type
Credibility|No Nexus|Not New Material|Duty To Assist
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