CAVC Case 18-1440: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2017-11-28 · MEREDITH, 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
PTSDDepressionPsychiatricCervicalHearing LossTinnitusShoulderRespiratoryTDIUEye
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Issues on Appeal
Back ConditionService ConnectionReopenTDIUIncreased RatingHearing LossPTSD
Why It Was Decided This Way
The RO also determined that new and material evidence had not been submitted to reopen a claim for disability compensation for a personality disorder,previously claimed as a mental disorder secondary to chronic bronchitis with bronchiectasis,and now claimed as depression.
In November 2014,the RO issued a Statement of the Case (SOC)continuing to deny entitlement to disability compensation under section 1151,finding that no new and material evidence had been submitted to reopen a claim for disability compensation for a psychiatric disorder,and denying a compensable rating for bilateral hearing loss.
The appellant also argues in essence that the Board failed to address claims regarding tinnitus,hyperacusis,and left shoulder disabilities.
Reopening Claims for Psychiatric Disorders Liberally construed,the appellant argues that the Board erred in declining to reopen a claim for entitlement to disability compensation for a psychiatric disorder;he asserts that he has PTSD stemming from his dealings with VA since 1985 and requests that he be provided a VA examination for that claim.
The Secretary responds that the appellant raises no allegation of error with the Board's finding that he did not submit new and material evidence necessary to reopen the claim.
Here,the Board noted that the appellant's previous claims for disability compensation for a psychiatric disorder were denied because the evidence did not show that his diagnosed mental disorders were related to service or secondary to a service-connected condition.
The Board found that,at the time of the April 1996 and August 2008 rating decisions denying the claim,the RO had considered his statements,service treatment records,postservice medical records,and Social Security Administration records.
In that regard,the Board found that none of the newly submitted evidence was competent to show a link between a current psychiatric disability and service or a service-connected disability.
Authorities Cited
Denial Type
Credibility|Not New Material|Rating Criteria
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