CAVC Case 10-0826: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2010-01-15 · HAGEL, 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
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Issues on Appeal
Service ConnectionPTSD
Why It Was Decided This Way
clearly erred in concluding that VA satisfied its duty to assist the appellant.
Despite this apparent gap in the records obtained,the Board determined that the appellant.
The appellant's claims for a sleep disorder and a restless sleep condition,the Board concluded that,although there was evidence that the appellant.
Accordingly,the Board denied these claims for lack of evidence of a current condition.
The appellant's claim for a respiratory disorder,the Board found that the evidence is at least in equipoise that [he]has a current respiratory condition and therefore conceded the issue,and also found that,because the appellant.
The appellant's respiratory disorder could not be service connected on a direct basis because there is no evidence of a nexus between his service and his current disorder and because [t]here is no evidence that [he]had a respiratory disorder during service; his service treatment records are silent as to any complaints or treatment of breathing difficulties.
The appellant contends that the Board failed to ensure that VA satisfied its duty to assist.
The appellant with a medical examination and that all available service treatment records were obtained,meaning the Board did not err in determining that VA satisfied its duty to assist.
Authorities Cited
Denial Type
Credibility|No Nexus|Duty To Assist
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