CAVC Case 19-2640: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2021-04-16 · PIETSCH
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
PTSDDepressionAnxietyPsychiatricBackTinnitusSleep ApneaAnkleHeadacheHeart
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Issues on Appeal
SMCBack ConditionService ConnectionEffective DateReopenTDIUIncreased RatingDic
Why It Was Decided This Way
at 79,and he contended that when assigning the effective date VA had failed to consider and correctly apply 38 C.
Specifically,he asserted that in May 2014 he had filed a claim for increased compensation for his service[-]connected disability from [PTSD], and on October 26,2015,while his appeal of the August 2014 decision was pending, VA received new and material evidence in the form of a VA Form 21-8940 and a copy of [the appellant's]Social Security earnings records.
156(b),when the RO receives evidence during the pendency of an appeal,the RO must assess whether the evidence constitutes new and material evidence relating to the old claim.
In the December 20,2018,decision on appeal,the Board determined,after a review of the evidence,that an effective date earlier than October 26,2015,for a 100%rating for service- connected PTSD is not warranted.
Initially,the Board noted that the appellant filed an application for TDIU on October 26,2015, that VA considered his supplemental claim for increased compensation for PTSD filed as of the same date (even though it was received on November 2,2015),and that the RO awarded a 100%PTSD rating from October 26,2015,the date VA received his claim.
The Board determined that the May 2014 claim contained no mention of or indication that the [appellant]intended to file a claim for an increase in the PTSD rating.
The Board determined that October 26,2015,was the correct date of the appellant's claim for an increased rating for PTSD and denied an effective date earlier than the date of the claim.
In characterizing his May 2014 claim this way, 3 As a result of the passage of the Veterans Appeals Improvement and Modernization Act of 2017 (VAIMA), VA no longer reopens claims based on new and material evidence.
Authorities Cited
Denial Type
Not New Material
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