BVA Case 210614-166291: PTSD
BVAReal Board of Veterans' Appeals decision · August 21, 2024 · Vito A. Clementi
Conditions Claimed
PTSDAnxietyPsychiatricBackKneeHearing LossHeadacheTBIEyeArthritis
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
PTSDAnxietyPsychiatricBackKneeHearing LossHeadacheTBI
Why It Was Decided This Way
The Board must analyze the competency and credibility of the evidence, account for the evidence which it finds to be persuasive or unpersuasive and provide the reasons for its rejection of any material favorable to the claimant.
Credibility is a factual determination - it involves deciding whether the testimony or other evidence is believable, and the determination is made after the evidence has been found competent.
When there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to the claimant.
The examiner opined that finding a nexus to service would be speculative because there were no documented complaints nor a pattern of complaints during service or immediately following service to indicate the Veteran's current back diagnosis was incurred during service.
at 511 (explaining that the Board's assessment of the credibility of lay statements involves considering factors such as facial implausibility, bias, self-interest, and consistency with other evidence of record).
However, while the Veteran has attempted to establish a nexus through his own lay assertions, the Veteran is not competent to offer opinions as to the etiology of his current lumbosacral sprain disability.
) Thus, the Veteran is not competent to provide such a nexus opinion and his lay assertions that his current spine diagnosis was caused by his claimed in-service event are not probative.
On this record, the evidence that can be considered for this appeal was not in approximate balance and therefore the benefit of the doubt rule does not apply.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus
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