CAVC Case 21-0246: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2013-09-23 · PIETSCH, 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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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
Vacated / Remanded
Decision Date
2013-09-23
Judge
PIETSCH, Judge
Service Era
Not specified

Conditions Claimed

PTSDDepressionAnxietyPsychiatricKneeArthritis

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Issues on Appeal

Service ConnectionEffective DateKnee ConditionIncreased RatingPTSD

Why It Was Decided This Way

The appellant,appeals the September 17, 2020, Board of Veterans'Appeals (Board)decision in which the Board denied entitlement to (1)service connection for a right knee condition; and (2)a rating in excess of 30%for post-traumatic stress disorder (PTSD)effective before June 9, 2020,and a rating in excess of 70%thereafter.

Because the Board failed to provide adequate reasons or bases for denying service connection for a right knee condition as well as denying entitlement to a rating in excess of 30%for PTSD for the period prior to June 9,2020,the Board will vacate this part of the Board's decision,and remand the matter for further proceedings consistent with this decision.

With regard to the appellant's claim for a higher rating for PTSD,the Board determined that evidence added to the claims file since the most recent VA examination suggests worsening symptoms associated with the service-connected PTSD, and the Board remanded the claim to schedule the appellant for a VA examination to determine the current severity of his service-connected PTSD.

Regarding the appellant's claim for service connection for a right knee disorder,the Board found that the VA physician failed to address the evidence outlined in the May 2018 [r]emand that necessitated a new opinion.

The examiner maintained that a nexus between the appellant's right knee disorder and his military service had not been established.

In the September 2020 decision,the Board denied the claim for entitlement to service connection for a right knee condition.

In addition, the Board denied entitlement to a rating in excess of 30%for PTSD for the period before June 9, 2020,as well as a rating in excess of 70%for the period after June 9,2020.

Right Knee Disability The Board must provide a statement of its reasons or bases for its determination, adequate to enable an appellant to understand the precise basis for its decision,as well as to facilitate review in this Court.

Authorities Cited

Allday v. BrownBankhead v. ShulkinBuchanan v. NicholsonCaluza v. BrownClaudio v. ShinsekiFletcher v. DerwinskiGilbert v. DerwinskHersey v. DerwinskKutscherousky v. WestMadden v. GobberMauerhan v. PrincipiMittleider v. WestMurray v. ShinsekiNewhouse v. NicholsoOwens v. BrownSee Best v. PrincipiSee Burden v. ShinsekiSee Chotta v. PeakeSee Frankel v. DerwinskiSee Hedgepeth v. WilkieSee Kay v. PrincipiSee Smallwood v. BrownSellers v. PrincipiSimmons v. WilkieSwain v. McTucker v. West

Denial Type

Credibility|No Nexus|Inadequate Exam

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