BVA Case 19-4116: PTSD

BVAReal Board of Veterans' Appeals decision · · NEWMAN

Outcome
Dismissed / Reversed / Remanded
Decision Date
Unknown
Judge
NEWMAN
Service Era
Not specified

Conditions Claimed

PTSDDepressionAnxietyPsychiatricBackSkinTDIUEye

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

PTSDDepressionAnxietyPsychiatricBackSkinTDIUEye

Why It Was Decided This Way

Thus, the Court finds that the Board erred when it failed to address his contention that he has unad- judicated pending claims for service connection for generalized anxiety and major depressive disorder dating back to 1997.

The statement and remand also reflect the court’s finding that those claims were before the Board in 2019 and that the Board erred in failing to consider them.

Bean contended before the Board that he had unadjudicated pending claims for ser- vice-connected generalized anxiety and major depressive disorder and that the Board erred when it failed to address those claims.

Bean on appeal—“whether the Board erred in failing to address whether he had unadjudicated, pending claims for generalized anxiety and major depres- sive disorder dating back to 1997.

Thus, the Court does not possess jurisdiction over the issue raised by the appellant in his brief—specifically whether the Board erred in failing to address whether the appellant had unadjudicated, pending claims for service connection for generalized anxiety and major depressive disorder dating back to 1997.

Bean argues that the Veterans Court erred in holding that it lacked jurisdiction to consider the issue that he raised on appeal, that issue being whether the Board erred in failing to address whether he had unad- judicated pending claims for generalized anxiety disorder and major depressive disorder dating back to 1997.

He presented the assertion to the Board, he says, but the Board failed to address it.

The govern- ment then states that, in its May 2019 decision, the Board found that the filing could not be a “motion for reconsider- ation, revision, or vacatur” of the Board’s May 2012 deci- sion because it did not meet the requirements for such a motion.

Authorities Cited

Albun v. BrownAndre v. PrincipiBean v. McBonner v. NicholCiting Ledford v. WestComer v. PeakeGrimes v. McJones v. ShinsekiLang v. WilkieMaggitt v. WestMay v. McOwens v. BrownRobinson v. PeakeRobinson v. ShinsekiSee Cogburn v. ShinsekiSee Cushman v. ShinsekiSzemraj v. PrincipiTravelstead v. Derwin

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.105(a)38 CFR 3.160(c)38 CFR 3.160(c) (2006)38 USC 4004(a)38 USC 405238 USC 710438 USC 7104(a)38 USC 7104(a) (1994)38 USC 725238 USC 7252 (1994)38 USC 729238 USC 7292(a)38 USC 7292(d)

Denial Type

Unclassified

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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.