BVA Case 220930-281637: PTSD

BVAReal Board of Veterans' Appeals decision · November 18, 2024 · R. Bisignani

Outcome
Denied / Remanded
Decision Date
November 18, 2024
Judge
R. Bisignani
Service Era
October 1986 to May 1991

Conditions Claimed

PTSDDepressionAnxietyPsychiatricTinnitusHipDiabetes

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

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)
RatingMonthly (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
See your full claim picture — free
Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

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

PTSDDepressionAnxietyPsychiatricTinnitusHipDiabetes

Why It Was Decided This Way

Establishing service connection generally requires (1) evidence of a current disability; (2) evidence of in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and the present disability.

Establishing service connection for PTSD requires evidence of a current diagnosis of PTSD, credible supporting evidence that the claimed in-service stressor actually occurred, and medical evidence of a causal nexus between the current symptomatology and the claimed in-service stressor.

The Board must assess the credibility and weight of all the evidence, including the medical evidence, to determine its probative value, accounting for the evidence which it finds to be persuasive or unpersuasive, and providing reasons for rejecting any evidence favorable to the claimant.

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant.

3d 1477, 1481 (1997) (finding Board entitled to discount the credibility of evidence in light of its own inherent characteristics and its relationship to other items of evidence).

In determining whether the duty to assist requires that a VA medical examination be provided, or medical opinion obtained with respect to a veteran's claim for benefits, there are four factors for consideration.

In this case, it has not been reached, and the Board finds that no duty to assist error occurred in not providing the Veteran with a VA examination of his claimed acquired psychiatric condition.

The Board finds based on the foregoing that the elements of in-service injury and nexus have not been established by the weight of the probative evidence of record.

Authorities Cited

Caluza v. BrownFountain v. McGilbert v. DerwinskiLendon v. NicholsonMadden v. GoberOrtiz v. PrincipiSee Bardwell v. ShinsekiSee Lynch v. McSee Masors v. DerwinskiSee Pond v. WestSee Shedden v. PrincipiShedden v. PrincipiWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.802 (a)38 CFR 3.10238 CFR 3.103(c)(2)(ii)38 CFR 3.159 (c)(4)38 CFR 3.250138 CFR 3.303 (a)38 CFR 3.303 (b)38 CFR 3.303 (d)38 CFR 3.304(f) (2010)38 CFR 3.304(f)(2)(3)38 USC 110138 USC 111038 USC 1113 (b)38 USC 116838 USC 1168(a)(1)38 USC 510338 USC 5107 (b)

Denial Type

Credibility|No Nexus|Duty To Assist

Find Similar Precedent 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 →
Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

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.