CAVC Case 23-0038: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2022-05-09 · JAQUITH, 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
PTSDDepressionAnxietyBackCervicalShoulderTBIHeartDiabetesRadiculopathy
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Issues on Appeal
Back ConditionService ConnectionReopenPTSD
Why It Was Decided This Way
In response to a claim received on March 15,2018, 4 a VA regional office (RO) denied service connection for both diabetes and anxiety based on a lack of new and material evidence,as well as a TBI, bulging disc cervical, pinched nerve cervical, and PTSD.
In the September 8,2022,decision on appeal,the Board denied service connection for diabetes,a cervical spine disorder,and a TBI.
Regarding diabetes,the Board noted that the veteran was first diagnosed with [diabetes]without complications in August 2005 and that his STRs were silent for any complaints, treatment,or diagnosis related to [diabetes].
The Board also dismissed the veteran's testimony regarding service connection for diabetes secondary to PTSD and pes planus because [n]o medical evidence was offered as to the relationship between the two and [n]either the [v]eteran nor his representative [is]competent to provide a nexus opinion in this case.
The Board concluded that a VA exam for diabetes was not warranted because [t]he only evidence of a possible connection between his [diabetes] and service or service-connected disabilities are the [v]eteran's conclusory statements that the condition is related to service.
The Board found the veteran's assertions that this disability was related to his military service, to include a truck accident, boxing,and wearing [a]heavy helmet in service, were not credible, as these statements were contradicted by the other probative evidence of record.
Thus,the Board found that a medical examination would serve no useful purpose,since the requirement of an in-service disease or injury to establish a service connection claim cannot be met upon additional examination.
Finally,the Board denied service connection for a TBI because the element of a current diagnosis is not met.
Authorities Cited
Denial Type
Credibility|No Nexus|Not New Material|Duty To Assist|Inadequate Exam
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