CAVC Case 19-0734: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2019-01-23 · ALLEN, 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
PTSDDepressionAnxietyPsychiatricBackHearing LossTinnitusHipHeartTDIU
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Issues on Appeal
Back ConditionService ConnectionTDIUHearing LossPTSDHip Condition
Why It Was Decided This Way
3 Because the Board failed to provide an adequate statement of its reasons or bases,we set aside its decision concerning appellant's claims for bilateral hip disorder,bilateral lower extremity disorder,Alzheimer's disease, and TDIU and remand those matters for further proceedings consistent with this decision.
ANALYSIS Establishing service connection generally requires evidence of (1) a current disability; (2)in-service incurrence or aggravation of a disease or injury;and (3)a nexus between the claimed in-service disease or injury and the present disability.
6 The Secretary's duty to assist a claimant in developing a claim includes providing a medical examination or obtaining a medical opinion when such an examination is necessary to make a decision on the claim.
Low Back ,Heart Condition,Acquired Psychiatric Disorder,and PTSD Appellant argues that the Board erred in relying on August 2017 VA medical opinions finding that his low back and heart conditions as well as PTSD and an acquired psychiatric disorder were not related to his military service.
Low Back Condition The Board found appellant had a current diagnosis of degenerative disc disease of his low back but that his service treatment records contained no record of treatment for a back injury in service.
The Board found the August 2017 VA examiner's opinion more probative of etiology than other evidence because the VA examiner based the opinion on the evidence of record and provided a rationale for its conclusion.
Appellant argues that the Board erred in relying on the August 2017 VA examiner's opinion because that opinion is based on an inaccurate medical history,lacks an adequate rationale,and 13 Nieves-Rodriguez ,22 Vet.
Hypertension The Board found appellant has a current disability of hypertension that was diagnosed in 2009.
Authorities Cited
Denial Type
Non Denial Outcome
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