BVA Case 19-3106: PTSD

BVAReal Board of Veterans' Appeals decision · · DYK

Outcome
Unknown
Decision Date
Unknown
Judge
DYK
Service Era
Not specified

Conditions Claimed

PTSDDepressionBackSkinEye

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

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)
RatingMonthly (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
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Issues on Appeal

PTSDDepressionBackSkinEye

Why It Was Decided This Way

2001), to determine that the “benefit of the doubt rule” under 38 U.

The Board concluded that “the preponderance of the evidence is against the claim and entitlement” for a disability rating greater than 30% for PTSD.

§ 5107(b) and wrongly found that he was not entitled to the “benefit of the doubt.

MCDONOUGH 5 determination of a matter, the Secretary shall give the benefit of the doubt to the claimant.

Lynch’s assertion that he was entitled to the benefit of the doubt and affirmed the Board’s decision, reasoning that “the doctrine of reasonable doubt .

d[oes] not apply here because the preponderance of the evidence is against the claim.

In support of its reasoning, the Veterans Court relied on Ortiz, which held that “the benefit of the doubt rule is inapplicable when the preponderance of the evidence is found to be against the claimant.

§ 5107(b) by requiring an equal or even balance of the evidence to give the benefit of the doubt to the claimant.

Authorities Cited

Althen v. SecChotta v. PeakeGazelle v. ShulkinGjinaj v. AshcroftHale v. DepLamour v. PeakeLynch v. WilkieOrtiz v. PrinOrtiz v. PrincipiOstrowski v. AtlSkoczen v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.10238 USC 510738 USC 5107(a)38 USC 5107(b)38 USC 7292(a)38 USC 7292(c)38 USC 7292(d)(2)

Denial Type

Credibility|Preponderance Against

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Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.