CAVC Case 21-7351: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2021-09-13 · BARTLEY, Chief 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.
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
PTSDDepressionAnxietyPsychiatricHearing LossTinnitusTDIU
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Issues on Appeal
Service ConnectionEffective DateReopenTDIUHearing LossPTSD
Why It Was Decided This Way
1 In the same decision,the Board denied an evaluation in excess of 70%for PTSD on or after September 10, 2019.
The appellant had not submitted new and material evidence sufficient to reopen the psychiatric disorder claim because evidence submitted since the March 1982 rating decision did not show a mental health problem incurred or aggravated by service.
In August 2015,the RO found no new and material evidence sufficient to reopen the claim.
In February 2016, the RO acknowledged his PTSD diagnosis but did not consider the shipmate emails as new and material evidence to reopen the claim because the emails contained insufficient information to corroborate the claimed stressor or to allow VA to perform further development in an attempt to corroborate the claimed stressor.
In August 2019,the Board found that VA could not have obtained the Graham County deck logs previously because the appellant.
The Board found that entitlement to TDIU was reasonably raised,in accordance with Rice v.
In the September 2021 decision on appeal,the Board found the March 1982 and September 1999 rating decisions final.
at 25,the Board found that the September 1999 rating decision considered the discharge summary and therefore receipt of that record within 1 year of the March 1982 rating decision could not establish an earlier effective date for the award of service connection for PTSD.
Authorities Cited
Denial Type
Credibility|Not New Material
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