BVA Case 200504-98676: PTSD
BVAReal Board of Veterans' Appeals decision · January 17, 2024 · P.M. DILORENZO
Conditions Claimed
PTSDDepressionPsychiatricKneeSleep ApneaAnkleHeartGIArthritis
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 |
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
PTSDDepressionPsychiatricKneeSleep ApneaAnkleHeartGI
Why It Was Decided This Way
If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following receipt of the VA Form 10182, the Board did not consider it in its decision.
Although further delay is regrettable, for the following reasons, the Board finds that remand of this claim is warranted to correct the error of the AOJ to satisfy VA's duty to assist under 38 U.
The examiner was also asked whether the Veteran's OSA is at least as likely as not related to service, to include documented complaints of fatigue, or aggravated beyond its natural progression by the service-connected depressive disorder.
In doing so, the examiner failed to address the Veteran's lay statements where he asserts that he was waking up in the middle of the night with a burning sensation in his mouth with what he thought were panic attacks.
79, 85 (2006) (stating that speculative medical opinion as to causation cannot establish medical nexus to service).
Additionally, the Board finds that the opinion is inadequate to form the basis of secondary service connection because the examiner failed to consider the Veteran's obesity as an "intermediate step" with any of the Veteran's service-connected disabilities.
However, the examiner failed to address whether the Veteran's service-connected depressive disorder, or any other service-connected disability is a causal factor for the Veteran's obesity.
However, the examiner failed to address whether the Veteran's fatigue as a "competent/symptom of his depression" is a causal factor of the Veteran's obesity, and thus, an intermediate step between the Veteran's OSA and his service-connected depressive disorder.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Duty To Assist|Inadequate Exam
Find Similar Precedent 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 →