BVA Case 220113-211566: PTSD
BVAReal Board of Veterans' Appeals decision · May 28, 2025 · Bethany L. Buck
Conditions Claimed
PTSDDepressionAnxietyPsychiatricKneeSleep ApneaHip
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 |
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Issues on Appeal
PTSDDepressionAnxietyPsychiatricKneeSleep ApneaHip
Why It Was Decided This Way
If evidence was submitted either (1) during the period after the AOJ issued the decision, which was subsequently subject to higher-level review and prior to the date the Board received the VA Form 10182, or (2) more than 90 days following the date the Board received the VA Form 10182, the Board did not consider it in its decision.
When the Veteran submitted his January 2022 Notice of Disagreement (NOD) he also submitted a private medical nexus opinion based on a records review, that was dated in November 2021.
AOJ's failure to provide a VA examination prior to the rating decision constituted a pre-decisional duty to assist error.
nd VA's failure to provide an examination prior to the rating decision constitutes a pre-decisional duty to assist error.
In such cases, VA is required to provide a medical examination or opinion and the AOJ's failure to do so prior to adjudication of a claim constitutes a duty to assist error.
Therefore, the Board finds that the failure to obtain a VA examination prior to the September 2021 rating decision on appeal was a pre-decisional duty to assist error and a remand is required to correct the error.
Accordingly, the issue of entitlement to service connection for a left hip disability is remanded to correct a duty to assist error that occurred prior to the September 2021 rating decision on appeal.
in relevant federal records prior to adjudicating the Veteran's claim, constitutes a pre-decisional duty to assist error.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Duty To Assist
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