CAVC Case 22-4221: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2022-05-11 · MEREDITH, 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
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Issues on Appeal
Service ConnectionReopenPTSD
Why It Was Decided This Way
The VA examiner diagnosed an insomnia disorder but opined that [t]he timing of the onset of insomnia,combined with the lack of other trauma[-]related symptoms, indicates that insomnia is less likely than not related to military service and more likely related to other factors,including poor sleep hygiene.
2 After further development and procedural history,the Board,in November 2021,found that the prior VA examiners did not address the appellant's January 2016 report that he had nightmares and night sweats since the 1970s,and the Board remanded to obtain a VA addendum opinion,directing the psychiatrist or psychologist to consider and address the appellant's January 2016 statements.
A VA psychologist conducted a records review in December 2021 and provided a nexus opinion.
She further determined that the nightmares that the appellant reported experiencing since the 1970s were not related to the insomnia disorder or any other mental disorder because [a]symptom must cause clinically significant distress to meet [the]criteria for a mental disorder.
On May 11,2022,the Board denied disability compensation for an acquired psychiatric disorder,including PTSD and insomnia.
Parties'Arguments The appellant argues that the Board erred in relying on the March 2016 and January 2020 VA examination reports,which the Board previously found inadequate,and provided insufficient reasons for affording those reports probative value.
In that regard, he avers that those examiners failed to consider his lay statements regarding nightmares and night sweats .
Next,he contends that the Board erred in relying on the December 2021 VA opinion because the psychologist provided insufficient rationale for her negative nexus opinion and because the opinion did not comply with the Board's November 2021 remand.
Authorities Cited
Denial Type
No Nexus|Duty To Assist|Inadequate Exam
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