CAVC Case 23-4291: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2024-12-30 · 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
PTSDDepressionAnxietyHeartTDIU
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Issues on Appeal
Service ConnectionTDIUIncreased RatingPTSD
Why It Was Decided This Way
The Board found that [t]he [v]eteran's PTSD more nearly approximated occupational and social impairment with reduced reliability and productivity, and the Board noted that his symptoms included anxiety, chronic sleep impairment,disturbances of motivation and mood,and difficulty establishing and maintaining effective work and social relationships.
The Board found that the veteran's PTSD did not cause occupational and social impairment with deficiencies in most areas,did not cause total occupational and social impairment,and did not preclude him from securing or following a substantially gainful occupation.
The Board found that the VA medical examiners throughout the period in question were in consensus that the [v]eteran's PTSD [wa]s productive of occupational and social impairment with reduced productivity.
The Board noted that the credible evidence demonstrated symptoms warranting a 30%rating (i.
The Board acknowledged that the veteran also displayed symptoms that were not specifically listed in the diagnostic criteria,including hypervigilance, feelings of tension and inability to relax, impaired concentration,and an exaggerated startle response,which the Board found more closely approximated the symptoms associated with a 30%rating.
In comparing the VA medical records and opinions with the private medical opinions,the Board noted that the March 2013 opinion by L.
The Board found that the 2019 private opinions had less probative value than the VA examinations from 2020 because the private opinions were not supported by adequate rationale and the physicians did not explain why their findings differed from the rest of the medical record.
The Board acknowledged evidence of flare-ups from the 2013 and 2019 private opinions, but the Board found that the veteran's condition remained largely consistent and warranted a 6 The Board erroneously denotes Dr.
Authorities Cited
Denial Type
Credibility|Rating Criteria
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