BVA Case 17-3989: PTSD

BVAReal Board of Veterans' Appeals decision · · NEWMAN

Outcome
Denied / Granted / Vacated
Decision Date
Unknown
Judge
NEWMAN
Service Era
Not specified

Conditions Claimed

PTSDDepressionPsychiatricBackHipEye

What would this rating pay you? (2026 rates)

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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Issues on Appeal

PTSDDepressionPsychiatricBackHipEye

Why It Was Decided This Way

The Board found that “[t]he evidence in this case [was] certainly not compelling.

“Nevertheless,” the Board found, referring to the May 2005 VA examina- tion: [S]ervice records [did] clearly show psychiatric symptoms and a VA medical examiner, with bene- fit of examination of the Veteran and review of the record, ha[d] offered an opinion that it [was] at least as likely as not that the Veteran’s bipolar dis- order with depression [was] causally related to ser- vice.

The Board noted that, “[s]ignificantly, the May 2005 examiner acknowledged the Veteran’s report of the fire and a death of an individual during service, but the examiner diagnosed bipolar disorder, not PTSD.

2 On October 10, 2017, on remand from the Veterans Court, the Board found that § 3.

156(a) if the claimant submits new and material evidence in support of the claim.

In the 2017 decision, the Board found that “the subse- quent service connection grant by the Board in February 2010 was not based on the January 2008 [Department of Defense] report and associated declassified command his- tories obtained after the final September 1999 rating deci- sion.

The Board found that the Board’s 2010 “decision clearly identifie[d] the previously available ser- vice treatment records documenting depression treatment and the May 2005 VA medical opinion as the bases for the award of service connection.

156(c) provided: Where the new and material evidence consists of a supplemental report from the service department, received before or after the decision has become fi- nal, the former decision will be reconsidered by the adjudicating agency of original jurisdiction.

Authorities Cited

Blubaugh v. McJackson v. WilkieJones v. WilkieManzanares v. ShulkinMayhew v. ShinsekiVazquez v. SnyderVazquez v. Wilkie

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.15638 CFR 3.156(a)38 CFR 3.156(c)38 CFR 3.156(c) (2005)38 CFR 3.156(c) (2021)38 CFR 3.156(c)(1) (2021)38 CFR 3.156(c)(2)38 CFR 3.40038 CFR 3.400(q)(2)38 USC 5110(a)38 USC 729238 USC 7292(a)38 USC 7292(d)38 USC 7292(d)(1)38 USC 7292(d)(2)

Denial Type

Not New Material

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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.