CAVC Case 15-3657: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2015-05-28 · BARTLEY, 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
PTSDDepressionAnxietyPsychiatricKneeHearing LossTinnitusShoulderAnkleHeadache
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Issues on Appeal
Back ConditionService ConnectionReopenTDIUHearing LossPTSD
Why It Was Decided This Way
Finally,the Board denied effective dates earlier than March 5,2009,for the grants of service connection for right ear hearing loss and tinnitus.
t,if necessary,and readjudication consistent with this decision;(2)reverse the Board's finding that new and material evidence had not been submitted to reopen a previously denied claim for a left shoulder disorder and remand that reopened claim for adjudication on the merits; (3)affirm the portion of the May 2015 Board decision regarding TDIU;and (4)dismiss the balance of the appeal.
The Board denied the claims for service connection for gastrointestinal and liver disorders because the record did not contain evidence of either disorder in service or competent evidence linking either disorder to service.
Regarding reopening of the claim for service connection for a left shoulder disorder,the Board found that the evidence that the appellant.
With respect to left ear hearing loss,the Board reopened the previously denied claim based on the submission of new and material evidence but denied service connection because the evidence did not show a level of hearing loss that qualified as a disability for VA disability compensation purposes.
As to an increased initial evaluation for PTSD, the Board found that the evidence of record supported the award of a 50%evaluation,but no higher,for the entire period on appeal.
Finally, the Board determined that neither the veteran nor the record raised the issue of entitlement to TDIU.
The appellant first argues that the Board committed clear error in denying service connection for left ear hearing loss because it failed to consider the October 2009 VA audiology examination report,which reflects a 40 db puretone threshold shift at 500 Hz that is sufficient to establish hearing loss for VA disability compensation purposes.
Authorities Cited
Denial Type
Credibility|No Nexus|Not New Material|Duty To Assist|Inadequate Exam
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