Fed. Cir. Case 08-2236: PTSD
Fed. Cir.U.S. Court of Appeals for the Federal Circuit opinion · 2011-09-15 · RADER, Chief Judge
Conditions Claimed
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 |
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Why It Was Decided This Way
The appellant appeals from the decision of the United States Court of Appeals for Veterans Claims (“the Veter- ans Court”) holding that the Department of Veterans Affairs (“VA”) had fulfilled its statutory duty to assist and affirming the denial of his request to reopen his claim for entitlement to service connection for his hip bursitis.
It found that the other evidence, including the 1981 treatment notes, was new, but not material, as it did not address the relationship between the hip condition and [Appellant] v.
The Board further found that the VA had satisfied its duty to assist pursuant to 38 U.
The appellant argued to the Veterans Court that the VA had not satisfied its duty to assist him in obtaining VA records because the 1981 treatment notes, which he had obtained and submitted, were not in the original records obtained by the VA.
The Veterans Court rejected that argument, explain- ing that those notes simply stated that the appellant had bursitis, but failed to provide any type of nexus evidence or estab- lish that there existed any other records not reasonably obtained by the VA.
The court therefore con- cluded that the VA had made reasonable efforts to assist the appellant in obtaining medical records necessary to substan- tiate his claim and therefore fulfilled its duty to assist.
The appellant argues that the VA made no attempt to obtain his physical therapy treatment records from the VA medical center even though he provided sufficient infor- mation indicating the existence of those records, and yet the Veterans Court found the duty to assist fulfilled.
The appellant therefore contends that in affirming the Board’s decision, the Veterans Court necessarily held that the VA had no duty to assist him.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Duty To Assist
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