BVA Case 190610-20914: PTSD

BVAReal Board of Veterans' Appeals decision · May 8, 2024 · Vance Burton

Outcome
Granted / Denied / Remanded
Decision Date
May 8, 2024
Judge
Vance Burton
Service Era
Not specified

Conditions Claimed

PTSDBackSkinEyeRadiculopathyErectile Dysfunction

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

PTSDBackSkinEyeRadiculopathyErectile Dysfunction

Why It Was Decided This Way

An April 2010 rating decision denied service connection for a lower back condition on the basis that there was no evidence of a nexus to service for the Veteran's back condition.

However, before a decision can be made on the claim, the Board finds that a remand is necessary due to pre-decisional duty to assist error, as explained in the remand section below.

The Veteran did not file a notice of disagreement or submit new and material evidence within one year of the January 1997 rating decision, which became final.

In January 2007, the Veteran filed a request to reopen the claim (based on new and material evidence under the legacy claims framework).

An August 2008 rating decision implicitly reopened the claim, but denied the claim on the merits based on no current disability being shown.

The Veteran did not file a notice of disagreement or submit new and material evidence within one year of the rating decision, which became final.

In January 2009, the Veteran filed a request to reopen the claim (based on new and material evidence under the legacy claims framework).

Also new is a March 2019 VA examination report that shows diagnosed chloracne with an opinion by the examiner that it is at least as likely as not related to the Veteran's active service.

Authorities Cited

Bowers v. DerwinskiBrammer v. DerwinskiCaluza v. BrownHickson v. WestHill v. McKing v. ShinsekiSee Ardison v. BrownSee Barr v. NicholsonSee Davidson v. ShinsekiSee Degmetich v. BrownSee Jandreau v. NicholsonSee Smith v. ShinsekiSee Wagner v. PrincipiSmith v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.302(b)38 CFR 20.704(e)38 CFR 3.10238 CFR 3.103(c)(2)(ii)38 CFR 3.156(b) (2022)38 CFR 3.156(c)38 CFR 3.156(d)38 CFR 3.156(d) (2022)38 CFR 3.2500(a)(2)38 CFR 3.250138 CFR 3.2501(a)(1)38 CFR 3.303(b)38 CFR 3.303(d)38 CFR 3.30738 CFR 3.307(a)(6)38 CFR 3.307(a)(6)(ii)38 CFR 3.309(e)38 CFR 3.6(c)(1) (2022)38 CFR 3.6(d)(1) (2021)

Denial Type

No Nexus|Not New Material|Duty To Assist|Inadequate Exam|No Current Disability

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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.