CAVC Case 12-0798: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2012-03-16 · MOORMAN, 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
PTSDDepressionAnxietyPsychiatricBackCervicalKneeHearing LossTinnitusShoulder
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
Service ConnectionReopenIncreased RatingHearing LossPTSD
Why It Was Decided This Way
The Court notes that the Board referred to the regional office (RO)the issues of (1)entitlement to service connection for tinnitus,to include secondary to a right auricular deformity;and (2)whether new and material evidence has been received to reopen the claim for entitlement to service connection for right ear hearing loss.
In August 2004,the Board denied the appellant's claims of entitlement to service connection for right ear hearing loss and granted an increased,initial rating of 10%for his ear injury and scars.
In August 2005,the Board denied the appellant's claims of entitlement to service connection for a mouth disorder and a left shoulder disorder.
In September 2006, the Board denied the appellant's motion for reconsideration,R.
In a March 2007 rating decision,the RO continued the appellant's 10%rating for his right auricle condition, denied service connection for PTSD, and found that new and material evidence had not been submitted to reopen his previously denied claims of entitlement to service connection for residuals of a left shoulder injury and a mouth injury.
Psychiatric Condition The parties agree that the Board erred in limiting the appellant's appeal to PTSD and not for any other psychiatric disorder.
PTSD The appellant argues that VA failed to fulfill its duty to assist because it did not obtain a medical opinion to verify his alleged stressors.
To support a claim of service connection for PTSD,a veteran must present evidence of (1) a current diagnosis of PTSD;(2)credible supporting evidence that the claimed in-service stressor actually occurred;and (3)medical evidence of a causal nexus between the current symptomatology and the claimed in-service stressor.
Authorities Cited
Denial Type
Credibility|No Nexus|Not New Material|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 →