CAVC Case 22-411: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2021-09-26 · 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
PTSDDepressionPsychiatricBackCervicalKneeHearing LossTinnitusShoulderArthritis
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Issues on Appeal
Back ConditionService ConnectionHearing LossPTSD
Why It Was Decided This Way
The appellant , through counsel,appeals a September 26,2021,Board of Veterans'Appeals (Board)decision in which the Board denied service connection for (1)a lumbar spine disability;(2)a cervical spine disability;and (3)post- traumatic stress disorder (PTSD).
In the September 2018 decision,the Board denied service connection for these three disorders.
Specifically,pursuant to the JMPR,the Board determined that an additional VA examination and opinion are needed concerning the etiology of the lumbar spine and cervical spine disabilities.
In the September 2021 decision,the Board denied service connection for a lumbar spine and cervical spine disabilities, and further denied service connection for PTSD.
Lumbar and Cervical Spine Disorder The appellant contends that the Board failed to ensure that the duty to assist was satisfied when it relied on an inadequate May 2021 VA opinion regarding his lumbar and cervical spine disorders.
In addition,the appellant contends that the examiner failed to address Dr.
With regard to appellant's contention that the May 2021 VA examiner relied on the absence of contemporaneous medical evidence and failed to consider his lay statements of continuity,the Secretary asserts that the appellant has not argued that he experienced continuous symptoms,and thus, the Board rendered the permissible factual finding that [a]ppellant's statement are not credible.
In the alternative,the appellant contends that the Board failed to provide an adequate statement of reasons or bases because it did not address the adequacy of the VA examination,thus hampering review by this Court.
Authorities Cited
Denial Type
Credibility|No Nexus|Duty To Assist|Inadequate Exam
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