CAVC Case 12-2602: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · · Unknown
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
PTSDBackHeartGIEye
Why It Was Decided This Way
The VA informed Stewart that new and material evidence was required for the VA to reopen the claim.
In May 2011, an RO issued a decision determining that there was no new and material evidence submitted to reopen the previously denied claim for service connection for IBS.
In an October 2007 rating decision the RO adjudicated the above claim based on whether new and material evidence had been received to reopen the previously denied claims for service connection.
The title page of the Board’s decision—referenced above—lists several “issues” including “[w]hether new and material evidence has been received to reopen a claim of entitlement to service connection for ‘stomach problems’ and acid reflux” and “[e]ntitlement to service connection for gastroesophagial disorder to include gastroesophageal reflux disease (GERD) as due to an undiagnosed illness.
As such, both the Veteran’s reported stomach symptoms and acid reflux have been at- tributed to know[n] clinical diagnoses of IBS and GERD, respectively, which are not related to her active service.
This was because, inter alia, the court found that the Board failed to provide an adequate statement of reasons or bases for its denial of service connection for acid reflux and stomach problems.
MCDONALD 8 in a February 2009 rating decision that denied en- titlement to benefits based on service connection because no clinical diagnosis of IBS had been made and no nexus between IBS and service had been established.
the veteran filed the requisite NOD, a second NOD addressed to IBS would not be necessary, and the Board erred in not addressing that part of the veteran’s original claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Not New Material
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