CAVC Case 21-8248: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2021-12-01 · 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.
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
PTSDDepressionAnxietyPsychiatricBackHearing LossTinnitusHeadacheSkinRespiratory
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Issues on Appeal
SMCService ConnectionReopenTDIUHearing LossPTSD
Why It Was Decided This Way
In a July 2017 rating decision,the RO declined to reopen the claim for service connection for an acquired psychiatric disorder,claimed as nerves, depression,anxiety,and post-traumatic stress disorder,because the evidence was not new and material.
The Board found that the relevant evidence added since the February 1970 rating decision, including postservice private treatment records and the June 2017 VA examination,showed that the appellant had been diagnosed with a psychiatric disorder.
The examiner opined that the veteran's diagnosis was unspecified depressive disorder and the diagnosis was not related to,aggravated by,or secondary to his military service.
The appellant with 4 unspecified depressive disorder,concluding that it was not related to or aggravated by service.
But the Board found that the January 2020 examiner had not addressed the etiology of panic disorder,phobia,anxiety,PTSD,and adjustment disorder with mixed anxiety and depressed mood as directed by the November 2018 remand order.
The Board found an addendum opinion was necessary to address the etiology of the veteran's other acquired psychiatric disorders other than depressive disorder.
December 2021 Board Decision In the December 2021 decision on appeal,the Board denied service connection for an acquired psychiatric disorder,finding that the veteran's current psychiatric disorder was not caused 5 by his active service,including the panic attacks and depression he contended he experienced while he was stationed in Korea .
The Board found that though it did not literally follow the November 2020 Board's directions, the November 2020 VA examination report and opinion discussed the veteran's December 2016 statement and substantially complied with the Board's prior remand order.
Authorities Cited
Denial Type
Non Denial Outcome
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