CAVC Case 20-3713: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2020-03-31 · JAQUITH, 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
PTSDPsychiatricSleep ApneaHipRespiratoryTDIUHypertension
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 ConnectionReopenTDIUPTSDSleep Apnea
Why It Was Decided This Way
It also failed to ensure VA met its duty to assist the veteran in obtaining a VA medical examination.
Regarding the veteran's TDIU claim,the parties agree that remand is warranted because the Board rejected a favorable private vocational assessment upon its determination that the examiner didn't actually assess the veteran � but there is evidence that the examiner did � and because the Board failed to discuss whether the combined effects of the veteran's service- connected conditions warranted a TDIU rating.
The Board found that it had received new and material evidence and reopened the veteran's sleep apnea claim.
And the Board found that the existence of a present sleep apnea disability had been established.
However,the Board denied service connection for sleep apnea because it found that there was no in-service occurrence linked to his current sleep apnea diagnosis.
The Board noted that [a]dditionally,conclusory generalized lay statements concerning 'destroyed'medical records, parachute injury,and snoring are insufficient predicates to require the Secretary to provide an examination, and the Board determined that the record was 3 A service-connected condition is a disability that was incurred or aggravated in the line of active duty.
Establishing direct service connection generally requires medical,or sometimes lay, evidence of (1) a current disability,(2)an in-service incurrence or aggravation of a disease or injury,and (3)a nexus between the claimed in-service disease or injury and the current disability.
The Board found that the first element of service connection was met, but the other two were lacking.
Authorities Cited
Denial Type
Credibility|No Nexus|Not New Material|Duty To Assist
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 →