CAVC Case 22-7345: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2022-11-03 · 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
PTSDDepressionAnxietyPsychiatricHearing LossSleep ApneaFibromyalgia
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Issues on Appeal
Service ConnectionIncreased RatingHearing LossPTSDSleep Apnea
Why It Was Decided This Way
The examiner opined that the veteran's sleep apnea was not related to any type of [G]ulf [W]ar exposure event and that the condition was more likely caused by obesity.
As for the sleep apnea claim,the Board found that a medical opinion was necessary to address whether the [v]eteran's sleep apnea is due to or has been aggravated by his service-connected PTSD and/or fibromyalgia or medications prescribed to treat either disability.
In that regard,the clinician opined that the veteran's sleep apnea was not related to service,PTSD,or fibromyalgia,nor was it aggravated by PTSD or fibromyalgia.
In the November 2022 decision on appeal,the Board denied entitlement to disability compensation for sleep apnea,as well as initial PTSD ratings in excess of 30%prior to October 2, 2017,and in excess of 50%from October 2,2017, to June 28,2021,for substitution purposes.
In that regard,she avers that the veteran was not employed after March 2016 and that the Board erred to the extent that it found that he was employed at his church.
She also asserts that, although the Board found that the veteran was able to maintain relationships with his family members,the Board failed to consider whether those relationships were effective and whether he was able to establish new relationships.
Last,she asserts that the Board imposed too high a standard in denying a higher rating,as it found that the veteran had been able to work,obtain an employment offer,and complete training,but the Board did not consider whether he nonetheless had deficiencies in work.
The Board's determination of the proper disability rating is a finding of fact that the Court reviews under the clearly erroneous standard of review.
Authorities Cited
Denial Type
Credibility|Duty To Assist|Inadequate Exam|Rating Criteria
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