CAVC Case 14-0225: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2013-09-30 · SCHOELEN, 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.

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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
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Outcome
Affirmed / Remanded / Vacated
Decision Date
2013-09-30
Judge
SCHOELEN, Judge
Service Era
Not specified

Conditions Claimed

PTSDDepressionBackCervicalKneeSleep ApneaShoulderHeadacheTDIURadiculopathy

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Issues on Appeal

Back ConditionService ConnectionTDIUIncreased RatingPTSDSleep Apnea

Why It Was Decided This Way

The appellant ,through counsel,appeals a September 30,2013,Board of Veterans'Appeals (Board)decision in which the Board denied his claims for disability compensation for a disability manifested as left side pain due to a lightning strike and for a sleep disorder,to include sleep apnea,claimed as secondary to post-traumatic stress disorder (PTSD);entitlement to a disability rating in excess of 10%for chronic lumbosacral strain and for chronic cervical strain respectively;and entitlement to a total disability rating based on individual unemployability (TDIU).

In the September 30,2013,decision on appeal,the Board denied all five claims.

In the September 2013 decision on appeal, the Board found not credible the appellant's lay statements asserting that his pain was so severe that he could not move.

Accordingly, the Board denied the appellant's rating-increase claims.

Discussion It is the Board's duty,as factfinder,to determine the credibility and weight to be given to the evidence.

The credibility of a witness can be impeached by a showing of interest,bias,inconsistent statements, or,to a certain extent,bad character.

The Court reviews credibility determinations under the clearly erroneous standard of review.

A finding of fact is clearly erroneous when the Court,after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed.

Authorities Cited

Allday v. BrownBenitez v. PrincipiBenitez v. WestCaluza v. BrownCollaro v. WestColvin v. DerwinskiCompare Brady v. BrownFletcher v. DerwinskiGeib v. ShinsekiGilbert v. DerwinskiHickson v. WestHilkert v. WestKutscherousky v. WestMitchell v. ShinsekiOwens v. BrownPaller v. PrincipiSee Acevedo v. ShinsekiSee Best v. PrincipiSee Bowling v. PrincipiSee Davidson v. ShinsekiSee Frankel v. DerwinskiSee Kay v. PrincipiSee Swann v. BrownSee Washington v. NicholsonStefl v. Nicholson

Denial Type

Credibility|No Nexus|Inadequate Exam|Rating Criteria

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