BVA Case 221114-297761: PTSD

BVAReal Board of Veterans' Appeals decision · March 13, 2025 · JIMMY L. BARDIN

Outcome
Denied / Remanded
Decision Date
March 13, 2025
Judge
JIMMY L. BARDIN
Service Era
October 2009 to June 2015

Conditions Claimed

PTSDDepressionAnxietyBackCervicalKneeShoulderHipHeadacheTBI

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

PTSDDepressionAnxietyBackCervicalKneeShoulderHip

Why It Was Decided This Way

The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease.

Further, the October 2022 VA examiner opined that the Veteran's cervical strain is not at least as likely as not related to an in-service injury, event, or disease, including his in-service complaints of neck pain.

The rationale was that there is scant data supporting a nexus between the current diagnosis of cervical strain and military service and without chronicity during service or after service, a post-service event, illness, or injury is considered to be a more likely etiology.

He is not competent to provide a nexus opinion in this case.

The October 2022 VA examiner opined that the Veteran's lumbosacral strain is not at least as likely as not related to an in-service injury, event, or disease, including his in-service complaints of low back pain.

The rationale was that there is scant data supporting a nexus between the current diagnosis of lumbosacral strain and military service and without chronicity during service or after service, a post-service event, illness, or injury is considered to be a more likely etiology.

The issue of entitlement to service connection for TBI is remanded to correct a duty to assist error that occurred prior to the November 2022 rating decision on appeal.

This low threshold requires that the evidence "indicates" that there "may" be a causal nexus between the disability or persistent symptoms of a disability and military service.

Authorities Cited

Bankhead v. ShulkinClain v. NicholsonClaudio v. ShinsekiJandreau v. NicholsonJohnson v. WilkieKahana v. ShinsekiLendon v. NicholsonPierce v. PrincipiRodriguez v. PeakeRomanowsky v. ShinsekiSaunders v. WilkieShedden v. Principi

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.30038 CFR 20.30138 CFR 3.10238 CFR 3.103(c)(2)(ii)38 CFR 3.104 (c)38 CFR 3.250138 CFR 3.30338 CFR 4.138 CFR 4.13038 USC 111038 USC 115538 USC 510338 USC 5107(b)

Denial Type

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.