BVA Case 20-4075: PTSD

BVAReal Board of Veterans' Appeals decision · · TARANTO

Outcome
Unknown
Decision Date
Unknown
Judge
TARANTO
Service Era
Not specified

Conditions Claimed

PTSDBackHeadacheHeartTDIUEye

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

PTSDBackHeadacheHeartTDIUEye

Why It Was Decided This Way

Be- cause the Veterans Court properly interpreted the new and material evidence rule in 38 C.

She argued that her 1999 TDIU claim was still pending because she submitted addi- tional evidence within the one-year appeal window of her claim being denied, but she never received a determination about whether this evidence was new and material to the 1999 TDIU claim.

Hampton identified the following ev- idence as new and material: (1) her May 1999 statement, where she stated her migraines had worsened and for which the RO opened a new claim for increased compensa- tion, and (2) a May 19993 Department of Veterans Affairs 3 Ms.

Hampton argued she was entitled to an explicit new and material evidence de- termination for this evidence under 38 C.

In February 2020, the Board denied entitlement to an earlier effective date.

Rather, the Board found that its November 2000 de- cision denying Ms.

Hampton appealed to the Veterans Court, arguing that the Board erred by (1) not discussing whether her May 1999 statement and May 1999 exam constituted new and material evidence under 38 C.

Hampton’s appeal to the Veterans Court did not argue that either was new and material evi- dence received by the RO within the one-year appeal win- dow.

Authorities Cited

Bond v. ShinsekiBreland v. McDeshotel v. NicholForshey v. PrincipiGant v. United StatesHampton v. McPickett v. Mc

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.156(b)38 USC 729238 USC 7292(a)38 USC 7292(c)38 USC 7292(d)(2)

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.