CAVC Case 17-4733: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2017-08-17 · 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.

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
See your full claim picture — free
Outcome
Vacated / Remanded
Decision Date
2017-08-17
Judge
SCHOELEN, Judge
Service Era
Not specified

Conditions Claimed

PTSDDepressionAnxietyPsychiatricHearing LossHeadache

Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

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.

Issues on Appeal

Service ConnectionHearing LossPTSD

Why It Was Decided This Way

The appellant ,through counsel,appeals an August 17,2017,Board of Veterans'Appeals (Board) decision in which the Board denied service connection for the appellant's post-traumatic stress disorder (PTSD), anxiety,and depressive disorder.

In the September 2014 decision, the Board denied the claims for service connection for PTSD and for an acquired psychiatric disorder other than PTSD.

In the August 2016 joint motion for remand (JMR),the parties agreed to vacate the September 2014 decision because the Board erred when it found the duty to assist had been satisfied with regard to obtaining the appellant's VA treatment records.

In the August 17,2017,decision here on appeal,the Board determined that the appellant had not met the diagnostic criteria for a diagnosis of PTSD required by regulation for purposes of VA compensation at any time during the pendency of the appeal.

Reasons or Bases � PTSD The appellant asserts that the Board erred in finding that the appellant did not meet the diagnostic criteria for PTSD required by regulation for the purposes of VA compensation at any time during the pendency of the appeal.

In response, the Secretary contends that Board's weighing of evidence,giving less probative weight to the appellant's VA treatment records,which diagnosed him with PTSD,was not clearly erroneous.

The Board's determination that a claimant does or does not have a current disability is a finding of fact subject to the clearly erroneous standard of review set forth in 38 U.

A factual finding 'is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.

Authorities Cited

Allday v. BrownArdison v. BrownAries v. PeakBarr v. NicholsonBrammer v. DerwinskiBuchanan v. NicholsonCaluza v. BrownClain v. NicholsonDegmetich v. BrownDeloach v. ShinsekiFletcher v. DerwinskiGilbert v. DerwinskiGreen v. DerwinskiHersey v. DerwinskHickson v. WestKutscherousky v. WesNorman v. McRobinson v. PeakeRodriguez v. PeakeRomanowsky v. ShinsekiSchafrath v. DerwinskSee Best v. PrincipiSee Cohen v. BrownSee Davidson v. ShinsekiSee Gutierrez v. PrincipiSee Kay v. PrincipiSee Smith v. DerwinskiSee Tucker v. WestShedden v. PrincipiSmith v. Shinseki

Denial Type

Credibility|Duty To Assist

Find Similar Decisions for Your Claim

VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.

Run my claim through VetAid →
Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

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.

VetAid is a free veterans claims tool, not a VA-accredited representative — it does not file anything with VA for you, and it works alongside your accredited VSO, claims agent or attorney. About VetAid