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.

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Official 2026 VA monthly compensation, including the 2.8% COLA increase.

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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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Outcome
Remanded / Vacated
Decision Date
2020-03-31
Judge
JAQUITH, Judge
Service Era
November 1967 to May 1971

Conditions Claimed

PTSDPsychiatricSleep ApneaHipRespiratoryTDIUHypertension

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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

Adams v. WilkieBarr v. NicholsonBuchanan v. NicholsonCoburn v. NicholsonCompare Foster v. McFrost v. ShulkinHarvey v. ShulkinJandreau v. NicholsonKing v. ShinsekiKowalski v. NicholsonLoving v. NicholsonMahl v. PrincipiMarcelino v. ShulkinMiller v. WilkieReonal v. BrownRodriguez v. PeakeRouten v. BrownRoyster v. WilkieSee Davidson v. ShinsekiSee Harper v. WilkieSee Layno v. BrownSee Pederson v. McSee Smiddy v. Wilkie[Appellant] v. NicholsonWaters v. ShinsekiWood v. Derwinski

Denial Type

Credibility|No Nexus|Not New Material|Duty To Assist

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