BVA Case 210614-166291: PTSD

BVAReal Board of Veterans' Appeals decision · August 21, 2024 · Vito A. Clementi

Outcome
Denied
Decision Date
August 21, 2024
Judge
Vito A. Clementi
Service Era
July 2008 to August 2012

Conditions Claimed

PTSDAnxietyPsychiatricBackKneeHearing LossHeadacheTBIEyeArthritis

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

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)
RatingMonthly (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

Caluza v. BrownCombee v. BrownGabrielson v. BrownGilbert v. DerwinskiHilkert v. WestIn Bowey v. WestLayno v. BrownLendon v. NicholsonLynch v. McNici v. BrownObert v. BrownOrtiz v. PrincipiProcopio v. ShinsekiRucker v. BrownSee Allen v. BrownSee Brammer v. DerwinskiSee Jandreau v. NicholsonSee Jansen v. PrincipiSee Woehlaert v. NicholsonWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.30038 CFR 20.30138 CFR 20.80238 CFR 3.10238 CFR 3.303 (a)38 CFR 3.303 (b)38 CFR 3.303 (d)38 CFR 3.30738 CFR 3.309 (a)38 CFR 3.310 (a)38 CFR 3.310 (b)38 CFR 4.13038 CFR 4.1438 USC 111038 USC 111238 USC 1154(a)38 USC 5107(b)38 USC 7104(a)

Denial Type

Credibility|No Nexus

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Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.