CAVC Case 22-1013: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2021-12-20 · PIETSCH, Judge
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
PTSDDepressionPsychiatricBackSleep ApneaShoulderRadiculopathy
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.
Issues on Appeal
Service ConnectionPTSDSleep Apnea
Why It Was Decided This Way
The examiner therefore opined that the veteran's bilateral hand pain was less likely than not related to his in- service complaints.
August 2015 Board Remand and March 2016 VA Examinations In an August 2015 order,the Board found the September 2011 VA opinion on hand arthralgias inadequate,noting that the opinion was purely speculative and unsupported by any medical evidence,and the Board remanded the matter for a new examination.
November 2020 Board Remand In a November 2020 order, the Board noted that additional VA-generated evidence had been added to the file and the RO had not provided an SSOC considering this evidence.
December 2021 Board Decision In the decision on appeal, the Board denied service connection for OSA,initially noting that the veteran did not allege,nor did the record reflect,that his OSA first manifested during service or within one year of service,or that it was otherwise related to service on a direct or presumptive basis.
The Board concluded that the evidence was against a finding that OSA manifested during service or was otherwise related to service and denied service 4 connection for OSA n a direct basis.
The Board also denied service connection for OSA as related to PTSD,finding no evidence supporting a nexus between his OSA and PTSD,nor evidence that OSA was aggravated by PTSD.
The Board noted that the veteran had a little finger fracture in 1986 which resolved without objective evidence of residuals and the Board stated that a review of the STRs from the veteran's second period of service does not reflect complaints, treatment,or diagnoses related to the [v]eteran's hands.
But the Board found the veteran credible that he dislocated or hurt his thumbs during service while falling or exiting a vehicle while carrying a weapon, 1 and found that an in-service event or injury,the second element of service connection[,]has been established.
Authorities Cited
Denial Type
Non Denial Outcome
Find Similar Decisions for Your Claim
VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.
Run my claim through VetAid →