CAVC Case 10-2753: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2009-06-17 · 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
PTSDDepressionPsychiatricCervicalTinnitusRadiculopathy
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Issues on Appeal
Service ConnectionReopenHearing LossPTSD
Why It Was Decided This Way
The appellant were not credible and that VA's duty to assist did not require it to provide him with a medical examination,and because the appellant.
June 17,2009),in which the Court vacated in part a November 2006 Board decision denying benefits for,among other conditions,an acquired psychiatric disorder after finding that the Board failed to adequately explain its determination that VA's duty to assist did not require it to provide the appellant.
In the future, counsel are advised 4 service connection,the Board found that the appellant.
However,the Board found that there was no evidence that such a disorder was diagnosed or treated in service or that it otherwise manifested at that time and further concluded that the most probative and credible evidence of record indicated that this disorder did not manifest until many years after the appellant.
In this regard,the Board found that the only evidence that symptoms of the disorder began in service or within the one-year presumptive period following his service and continued since that time was the appellant.
Further, the Board concluded that VA satisfied its duty to assist the appellant.
The appellant contends that the Board failed to support three of its determinations with an adequate statement of reasons or bases.
To comply with this requirement,the Board must analyze the credibility and probative value of the evidence,account for the evidence that it finds to be persuasive or unpersuasive,and provide the reasons for its rejection of any material evidence favorable to the claimant.
Authorities Cited
Denial Type
Credibility|Duty To Assist
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