CAVC Case 18-5935: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2018-07-03 · 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
PTSDDepressionAnxietyPsychiatricCervicalRespiratoryTDIU
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Issues on Appeal
Service ConnectionEffective DateReopenTDIUPTSD
Why It Was Decided This Way
The RO denied his claims for benefits for COPD,hepatitis C,and PTSD and found that new and material evidence had not been submitted to reopen the previously denied claim for benefits for a nervous condition, in May 2012.
He concluded that the appellant's mood disorder was less likely than not related to service and explained that [t]here is no indication that [he]was suffering from a clinically significant 4 mood disturbance during the three[-]and[-]a[-]half weeks he was on active duty, noting that he was discharged as a result of his history of drug abuse.
that indicate it is at least as likely as not that his reported [military sexual trauma] stressor occurred and that,therefore,his PTSD was at least as likely as not related to service.
Service Connection Establishing that a disability is service connected for purposes of entitlement to VA disability compensation generally requires medical or,in certain circumstances,lay evidence of (1)a current disability,(2)incurrence or aggravation of a disease or injury in service,and (3)a nexus between the claimed in-service injury or disease and the current disability.
Under certain circumstances,and as part of its duty to assist claimants,VA must provide a medical examination.
7 Whether a medical examination is adequate and whether the record establishes entitlement to service connection are findings of fact that the Court reviews under the clearly erroneous standard of review.
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.
As with any material issue of fact or law,the Board must provide a statement of the reasons or bases for its determination adequate to enable a claimant 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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