CAVC Case 15-4758: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2015-08-24 · PIETSCH, 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
PTSDDepressionAnxietyBackCervicalKneeHearing LossTinnitusShoulderHip
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Issues on Appeal
Back ConditionService ConnectionReopenKnee ConditionTDIUIncreased RatingHearing LossPTSD
Why It Was Decided This Way
The Board also granted the appellant's claim for entitlement to service connection for bilateral tinnitus and assigned a disability rating of 10%and reopened and remanded his claims for entitlement to service connection for migraine headaches and left iliotibial band syndrome due to submission of new and material evidence.
ANALYSIS Establishing service connection generally requires medical or,in certain circumstances,lay evidence of (1)a current disability;(2)an in-service incurrence or aggravation of a disease or injury; and (3)a nexus between the claimed in-service disease or injury and the present disability.
A finding of service connection,or no service connection,is a finding of fact reviewed under the clearly erroneous standard in 38 U.
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.
The Secretary's duty to assist a disability compensation claimant includes providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim.
This determination is reviewed by the Court under the clearly erroneous standard of review.
Whether a medical opinion is adequate is a finding of fact,which this Court reviews under the 'clearly erroneous' standard.
5 As always,the Board must provide a statement of the reasons or bases for its determination, adequate to enable an appellant to understand the precise basis for the Board's decision as well as to facilitate review in this Court.
Authorities Cited
Denial Type
Credibility|No Nexus|Not New Material|Duty To Assist|Inadequate Exam
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