Fed. Cir. Case 08-3983: PTSD
Fed. Cir.U.S. Court of Appeals for the Federal Circuit opinion · 2012-03-23 · NEWMAN
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
DVA informed [name redacted] that her claim could only be reopened if she submitted new and material evidence.
DVA initially denied [name redacted]’s request to reopen her claim on the ground that [name redacted] had not submitted new and material evidence.
The Board found that [name redacted]’s Form 9 submission was a substantive appeal and that [name redacted] did not attempt to reopen her claim until July 2004.
The Board found “no evidence revealing that [name redacted] indicated an intent to apply for [dependency and indemnity compensation] benefits between the prior final disallowance of the claim in June 2002 and the date of the receipt of the claim to reopen on July 21, 2004.
The Board concluded, “As the re- cord contains no such communication or action from the appellant until July 21, 2004, there is no factual or legal basis to assign an earlier effective date.
In order for the September document to have consti- tuted a claim to reopen, it would have needed ac- companying new and material evidence.
§ 5108, requires that new and material evidence actually accom- pany a claim to reopen.
Rather, [name redacted] argues, both provisions require only that new and material evidence be submitted at some time before the request to reopen can be granted.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material
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