BVA Case 210922-186906: PTSD

BVAReal Board of Veterans' Appeals decision · August 27, 2024 · GAYLE STROMMEN

Outcome
Denied / Vacated
Decision Date
August 27, 2024
Judge
GAYLE STROMMEN
Service Era
Not specified

Conditions Claimed

PTSDDepressionBackKneeTinnitusAnkleDiabetesTDIUArthritisHypertension

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

PTSDDepressionBackKneeTinnitusAnkleDiabetesTDIU

Why It Was Decided This Way

The Board denied the claim of entitlement to TDIU in a December 2016 decision.

Joint Motion), requesting that the Board's decision be vacated and remanded to the extent that the Board found that the Veteran was not entitled to TDIU for the rating period prior to December 12, 2008.

In April 2020, the Board found that the issue of SMC on the basis of housebound status was implicitly raised by the record, and remanded the Veteran's claims on appeal for additional development in April 2020.

Duties to Notify and Assist Neither the Veteran, nor his representative, have raised any issues with the duty to notify or duty to assist.

2016) (applying Scott to a duty to assist argument).

These conditions are not service-connected disabilities for VA purposes.

The Board notes that the Veteran is not service connected for any back or knee disabilities.

131, 138 (2017), "[a]lthough [the Veteran] was not service connected for his depressive disorder prior to December 2008, VA ultimately agreed that this condition was related to his right ankle condition" and thus, "the Board must consider those symptoms in its analysis of whether he was capable of securing or maintaining substantially gainful employment, even before the effective date of his award of service connection for depressive disorder.

Authorities Cited

Delrio v. WilkieDickens v. McEllington v. PeakeFrost v. ShulkinHatlestad v. BrownIn Faust v. WestMartin v. BrownMoore v. DerwinskiRay v. WilkieRoper v. NicholsonSee Bradley v. PeakeSee Collier v. DerwinskiSee Gonzalez v. WestSee Rice v. ShinsekiSee Scott v. McSee Snider v. McSee Van Hoose v. BrownVan Hoose v. Brown

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.30138 CFR 3.10238 CFR 3.240038 CFR 3.2400(a)(1)38 CFR 3.310(a)38 CFR 3.34038 CFR 3.34138 CFR 3.35038 CFR 3.351(d)38 CFR 3.40038 CFR 4.1638 CFR 4.16(a)38 CFR 4.16(a)(1)38 CFR 4.16(b)38 USC 111438 USC 1114(s)38 USC 1155

Denial Type

Not Service Connected|Duty To Assist

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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.