CAVC Case 19-5724: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2019-04-26 · PIETSCH, 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
PTSDAnxietyPsychiatricBackKneeHeadacheArthritisRadiculopathy
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.
Issues on Appeal
Back ConditionService ConnectionEffective DateReopenKnee ConditionIncreased RatingDicPTSD
Why It Was Decided This Way
She also argues in her initial brief that an August 1990 rating decision never addressed whether this evidence from 1989 and 1990 was new and material evidence within the meaning of 38 C.
In a June 2004 decision, the Board remanded the issues on appeal,to include the issue whether new and material evidence has been received sufficient to reopen the claim of entitlement to service connection for a psychiatric disorder other than PTSD,and the issues of entitlement to (1)service connection for PTSD;(2) service connection for a gastrointestinal disorder characterized as esophagitis and gastritis;(3)service connection for a right knee disability;and (4) a compensable disability rating for low back pain secondary to spondylolysis without radiculitis or radiculopathy,for additional development.
In a March 2008 decision,the Board denied the claim for an increased rating for lumbar spine disorder,evaluated as 20%from February 23,1999,to September 26,2003, and 40%after September 26,2003.
In February 2011, the RO,in pertinent part, denied the petition to reopen the claim for service connection for schizophrenia, paranoid type on the basis that the evidence submitted is not new and material.
In the April 2012 decision,the Board determined that new and material evidence to reopen the previously denied claim for service connection for an acquired psychiatric disorder other than PTSD had been received,and granted service connection for schizophrenia, finding that the appellant.
According to the appellant,during the 1-year appeal period following the September 1989 decision,the veteran submitted new evidence of medical treatment for his psychiatric disorder dated in 1989 and 1990, and the August 1990 rating decision never addressed whether this was new and material evidence within the meaning of 38 C.
2014),when evidence is received during the one-year appeal period, 'VA must provide a determination that is directly responsive to the new submission and [determine whether it constitutes new and material evidence] and that,until it does so,the claim at issue remains open.
The appellant further notes that the record reflects that the VA did not obtain the 1990 treatment records from the VAMC,nor did it ever address whether this evidence is new and material evidence within the meaning of 38 U.
Authorities Cited
Denial Type
Not New Material
Find Similar Decisions for Your Claim
VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.
Run my claim through VetAid →