CAVC Case 22-0960: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2021-11-24 · SCHOELEN
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
PTSDDepressionPsychiatricBackCervicalShoulderHeadacheTBITDIU
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Issues on Appeal
SMCBack ConditionService ConnectionEffective DateReopenPTSD
Why It Was Decided This Way
Later that month,VA simply found that no new and material evidence was submitted to reopen a previously denied head injury claim.
On May 14,2002,VA denied a request to reopen the claims for residuals,left clavicle fracture and cervical spine injury,because of a lack of new and material evidence.
On September 4,2007,VA denied a request to reopen the claim for service connection for degenerative bone disease (previously claimed as cervical spine injury), because of a lack of new and material evidence.
On August 29,2015, VA denied a request to reopen the claim for service connection for cervical spine injury, because of a lack of new and material evidence.
The Board found that the August 2015 rating decision, which had denied the request to reopen the claim for 3 Neither the Supplemental claim application nor the July 2018 examination report is contained in the record of proceedings.
Though the appellant asserted that he first filed a claim for a neck disability in 1996 and that the 1997 rating decision did not become final because of the submission of new and material evidence within 1 year of the decision, the Board noted that new and material evidence would have to tend to show a nexus between the disability and service.
The Board found that the critical question � is whether,at any time following the August 2015 decision and prior to March 22,2020,VA received a formal claim seeking service connection for a neck disability.
The Board concluded that VA had not received such a claim during that period, as the April 2018 formal claim referred only to a back injury and did not indicate an intent to seek service connection for a neck disability.
Authorities Cited
Denial Type
No Nexus|Not New Material|Inadequate Exam|Cue|No Current Disability
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