CAVC Case 18-1103: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2018-01-18 · 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
PTSDDepressionAnxietyPsychiatricHearing LossTinnitusDiabetesTDIU
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Issues on Appeal
Service ConnectionTDIUIncreased RatingHearing LossPTSD
Why It Was Decided This Way
The examiner also noted that the appellant had described the severity of his PTSD as mild,but the examiner gave the appellant the benefit of the doubt that his symptoms wax and wane and therefore opined that the appellant's PTSD continued to result in occupational and social impairment with reduced reliability and productivity.
The Board's determination of the appropriate degree of 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.
To comply with this requirement,the Board must analyze the credibility and probative value of the evidence, account for the evidence it finds persuasive or unpersuasive,and provide its reasons for rejecting any material evidence favorable to the claimant.
In the decision here on appeal,the Board denied a rating greater than 50%for the appellant's PTSD because his symptoms were more consistent in nature,frequency and severity 6 with the criteria for a 50%rating and were not of such a severity or frequency to result in occupational and social impairment with deficiencies in most areas.
First, the Board noted the appellant's reports of good relationships with his wife and family members.
Although the Board noted the appellant's admission that family members have informed him of his frequent irritability, the Board failed to address evidence that his outbursts and irritability,including lashing out at family members, caused problems in family relationships and therefore showed that his relationships with family were not always good.
The Board noted that the June 2016 VA examiner found no such impairment; that the appellant retired from his last job in 2004 because he was eligible to do so by age or duration of work ; that his anxiety has been noted to impact his recreational activities ;and that he attends church,spends his time going for walks, mowing the lawn,and gardening.
Authorities Cited
Denial Type
Credibility|Inadequate Exam
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