BVA Case 210331-149581: PTSD
BVAReal Board of Veterans' Appeals decision · March 14, 2023 · Cynthia M. Bruce
Conditions Claimed
PTSDPsychiatricHearing LossTinnitusHipTBI
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 |
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Issues on Appeal
PTSDPsychiatricHearing LossTinnitusHipTBI
Why It Was Decided This Way
Service connection may be granted directly as a result of disease or injury incurred in service based on nexus using a three-element test: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred in or aggravated by service.
309 (a), to include tinnitus, nexus to service may be established by showing continuity of symptomatology since service.
In such cases, the Board is within its province to weigh testimony and to make a credibility determination as to whether the evidence supports a finding of service incurrence and continuity of symptomatology sufficient to establish service connection.
The parties to the November 2022 JMPR noted that the Board erred when it found that several of the Veteran's lay contentions concerning hearing loss and tinnitus lacked credibility because he [Veteran] did not seek treatment for these conditions "for significant durations after separation from service," without providing a foundation for its reliance on the absence of complaints or treatment as the basis for its credibility finding.
The examiner failed to address the Veteran's lay contention that he began to experience ringing in his ear during service, while performing his MOS duties, and continues to experience such symptomology.
The parties to the JMPR found that the December 2021 Board decision included an erroneous finding when it found that several of the Veteran's lay contentions concerning hearing loss and tinnitus lacked credibility because he [Veteran] did not seek treatment for these conditions "for significant durations after separation from service," without providing a foundation for its reliance on the absence of complaints or treatment as the basis for its credibility finding.
In light of the concerns outlined in the JMPR, the Board has reassessed the relevant evidence of record, and finds that a pre-decisional duty to assist error has occurred, and remand is warranted.
While the VA examiner rendered a negative nexus opinion, it was based solely on the rationale that upon separation of service there was no significant permanent shift in hearing thresholds beyond test variability.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Duty To Assist|Inadequate Exam
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