CAVC Case 20-5175: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2020-06-29 · GREENE
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
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
Increased RatingPTSD
Why It Was Decided This Way
The Board found that the July 2018 and October 2018 private and VA examiners, respectively,found that the appellant.
3 The Board found that the July 2018 private examiner noted the following symptoms: suspiciousness, problems going and staying asleep,and 'mind spins' (consistent with symptoms listed in the 30%criteria);and having 4 symptoms not listed with a specific disability rating: PTSD-related flashbacks, avoidance, feelings of detachment from others,irritable behavior and angry outbursts,hypervigilance, exaggerated startle response,and problems with concentration.
However,the Board determined that these symptoms warranted no more than a 50%rating for three reasons: (1)They more closely approximate the 50%rating criteria than the 70% rating criteria in terms of severity, frequency,and duration;(2)they are similar to the symptoms listed in the 50%rating criteria; 4 and (3)the October 2018 VA examiner considered these symptoms and opined that the appellant.
However,the Board determined that this evidence did not warrant a disability rating higher than 50%for several reasons: [T]he examiner does not explain his rationale[]beyond indicating that [ the appellant.
Based on the evidence, the Board denied a disability rating in higher than 50%for the appellant.
Similarly,The Board found that the October 2018 VA examiner noted the following symptoms: anxiety, panic attacks that occur weekly or less often, and chronic sleep impairments (consistent with symptoms listed in the 30%criteria);and experiencing difficulty in establishing and maintaining effective work and social relationships ;difficulty get[ting]close to people and trusting people;becoming frustrated easily during conversations and need[ing]to walk away at times ;and being written up a few times at work,but never fired (consistent with symptoms listed in the 50%criteria).
4 Specifically,the Board found that they were similar to impaired judgment, impaired abstract thinking, disturbances of motivation and mood, and difficulty in establishing and maintaining effective work and social relationships.
The appellant argues that the Board erred and violated the Equal Protection and Due Process Clauses of the U.
Authorities Cited
Denial Type
Credibility|Preponderance Against|Rating Criteria
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 →