CAVC Case 11-2903: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2011-09-02 · KRAMER, 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.

What would this rating pay you? (2026 rates)

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

per month ·  per year, tax-free

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)
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
See your full claim picture — free
Outcome
Affirmed
Decision Date
2011-09-02
Judge
KRAMER, Judge
Service Era
Not specified

Conditions Claimed

PTSDBackSleep ApneaHeartArthritisHypertension

Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.

Issues on Appeal

Back ConditionService ConnectionPTSDSleep Apnea

Why It Was Decided This Way

However,the Board found that the Veteran's account of sustaining a back injury while diving into an artillery pit to be credible.

Based on the medical history,physical exam and medical literature,it is of this examiner's opinion that the Veteran's chronic back disorder is not related to his military service but due to the natural progression of his condition,body habitus and occupation.

In the September 2,2011, decision currently on appeal,the Board denied the appellant's claims for service connection for a chronic back disorder and for hypertension claimed as the result of Agent Orange exposure.

The Board noted that the issue of entitlement to service connection for sleep apnea, to include as secondary to hypertension and post-traumatic stress disorder (PTSD),had been raised by the appellant but not developed.

The Board found the May 2009 VA examination highly probative on the issue,noting that it addresses the etiology of the Veteran's current back condition and included review of pertinent service and post service treatment records,current examination of the Veteran, and a history presented by the Veteran.

Regarding the claim for entitlement to service connection for hypertension,the Board noted that hypertension is not one of the conditions subject to presumptive service connection based upon exposure to herbicides,but that service connection may be granted on a presumptive basis for certain chronic diseases,including hypertension, if such diseases are shown to be manifest to a degree of 10[%]or more within one year following the Veteran's separation from active military service.

In that regard,the Board found that the appellant currently suffered from hypertension,but ultimately concluded that there was no evidence of in-service or presumptive chronic incurrence of the disease,nor was there any competent medical evidence linking the condition to herbicide exposure.

The Secretary urges the Court to affirm the Board's decision, arguing that it is not clearly erroneous.

Authorities Cited

Buchanan v. NicholsonBucklinger v. BrownCaluza v. BrownCombee v. BrownCrowe v. BrownDavidson v. ShinsekiGilbert v. DerwinskiHersey v. DerwinskiHickson v. WestJandreau v. NicholsonLoving v. NicholsonOwens v. BrownRose v. WestSee Frankel v. DerwinskiSee Nolen v. GoberSee Vanerson v. WestWensch v. PrincipiWood v. Derwinski

Denial Type

Credibility|No Nexus|Preponderance Against|Duty To Assist

Find Similar Decisions for Your Claim

VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.

Run my claim through VetAid →
Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.

VetAid is a free veterans claims tool, not a VA-accredited representative — it does not file anything with VA for you, and it works alongside your accredited VSO, claims agent or attorney. About VetAid