CAVC Case 08-2682: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2008-05-16 · SCHOELEN, 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.

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

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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
Remanded / Affirmed / Vacated
Decision Date
2008-05-16
Judge
SCHOELEN, Judge
Service Era
May 1968 to July 1969

Conditions Claimed

PTSDBackHearing LossTinnitusAnkleSkinDiabetesProstateHypertension

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Issues on Appeal

Back ConditionService ConnectionIncreased RatingHearing LossPTSD

Why It Was Decided This Way

In the decision here on appeal,the Board denied entitlement to service connection for PTSD, bilateral flat feet,a left ankle condition,right ear hearing loss,and tinnitus because it found no competent evidence to show that the appellant currently suffered from these conditions.

The Board denied entitlement to service connection for a gastrointestinal condition,back condition,skin condition,and a sleep disorder because it found that the conditions did not have their onset during active service or result from disease or injury in service.

Finally, the Board denied entitlement to an initial rating in excess of 30%for service-connected nephropathy with hypertension secondary to service-connected diabetes mellitus and a compensable initial rating for service-connected residuals of prostate cancer because it found that the preponderance of the evidence was against higher disability ratings.

The appellant also argues that the Board failed to support its decision with an adequate statement of reasons or bases ( id.

Right Ear Hearing Loss and Tinnitus In the decision here on appeal,the Board found that the evidence failed to establish that the appellant suffered from right ear hearing loss and tinnitus.

Based on this finding,the Board concluded that VA was not required to provide the appellant with a VA medical examination pursuant to 38 U.

The appellant argues,and the Secretary concedes,that the Board failed to consider favorable medical evidence pertaining to both of these conditions.

In particular,the Secretary notes that the 3 Board failed to address a November 2004 medical record from Dr.

Authorities Cited

Allday v. BrownAshley v. BrownBreeden v. WestBucklinger v. BrownCaluza v. BrownCartright v. DerwinskiCoker v. PeakeDavidson v. ShinsekiDegmetich v. BrownDuenas v. PrincipiFletcher v. DerwinskiGilbert v. DerwinskiHarris v. DerwinskiHilkert v. WestKutscherousky v. WestLayno v. BrownLendon v. NicholsonLocklear v. NicholsonPruitt v. DerwinskiSchafrath v. DerwinskiSee Cohen v. BrownSee Coker v. NicholsonSee Frankel v. DerwinskiSee Hampton v. GoberSee Kay v. PrincipiSee Nolen v. GoberSee Shinseki v. SandersSee Washington v. NicholsonSmith v. GoberTucker v. West

Denial Type

Credibility|Not Service Connected|Preponderance Against|Duty To Assist

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