BVA Case 20-196: PTSD

BVAReal Board of Veterans' Appeals decision · · STOLL

Outcome
Denied
Decision Date
Unknown
Judge
STOLL
Service Era
Not specified

Conditions Claimed

PTSDAnxietyBackHeartTDIUEye

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

PTSDAnxietyBackHeartTDIUEye

Why It Was Decided This Way

156(b) because it failed to assess whether his 2011 VA Form 21-8940 was new and material evidence that sup- ported that claim.

Pickett that the Board erred in characterizing the issue on appeal as an ear- lier effective date for an increased CAD rating, rather than “an extraschedular total CAD evaluation, including TDIU.

Thus, the Veterans Court deter- mined that the RO “essentially treated [the 2011 VA Form 21-8940] as new and material evidence, and considered it in connection with the pending CAD evaluation claim.

Pickett is correct, and the VA failed to make an explicit finding as to whether the 2011 VA Form 21-8940 is new and material evidence, then Mr.

156(b) provides that: New and material evidence received prior to the ex- piration of the appeal period, or prior to the appel- late decision if a timely appeal has been filed .

The regulation provides that the VA must treat (1) new and material evidence (2) received prior to the end of the appeal period (3) as having been filed in connection with the claim that was pending at the beginning of the appeal period.

In other words, the VA must do more than list evidence that is new and material and filed before the end of the appeal period as evidence considered in the case.

156(b) requires the VA to state (i) that it received the evidence; (ii) whether the evidence is new and material; and (iii) if the evidence is new and material, whether the evidence re- lates back to the original claim.

Authorities Cited

Beraud v. McBond v. ShinsekiBreland v. McGudinas v. McNehmer v. United States DepartmentPickett v. Mc

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.156(b)38 USC 7292(c)

Denial Type

Not New Material

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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.