CAVC Case 23-4298: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2024-06-06 · MEREDITH, 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
PTSDDepressionAnxietyPsychiatricBackSleep ApneaShoulderSkinRespiratoryArthritis
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Issues on Appeal
Back ConditionService ConnectionReopenPTSDSleep Apnea
Why It Was Decided This Way
Additionally,the Board awarded disability compensation for pseudofolliculitis barbae and found that new and material evidence had been submitted to reopen claims for disability compensation for post-traumatic stress disorder, depression,and anxiety.
In March 2023,the Board denied entitlement to disability compensation for shin splints,a low back condition,a right shoulder condition,a sinus condition,and sleep apnea.
Parties'Arguments The appellant argues,with respect to his shin splints,that the Board applied an incorrect standard for causation and nexus to service in that the Board did not apply but-for causation, which may include a multi-link causal chain.
As a result,he maintains,the Board improperly narrowed the theory of service connection because it did not consider on the merits whether treatment for jaw cancer caused his shin condition and,in turn, whether a jaw condition is related to service.
Additionally,he contends that the Board erred in denying the claim on the ground that he does not have a diagnosis of shin splints because an undiagnosed painful condition may be service connected.
As for the low back and right shoulder conditions,he argues that the Board erroneously rendered its own medical nexus opinions given that the Board made its own findings that his back condition was not chronic,did not result in continuing symptomatology,and did not arise within 1 year of service,and as to both conditions found that they may have been caused by intervening postservice injuries.
He maintains that these errors led to the Board denying the back and shoulder claims before obtaining medical nexus opinions.
Last,he argues that the Board erred by failing to remand the sleep apnea matter as inextricably intertwined with his psychiatric disorder claims, because the evidence suggests that the conditions are related.
Authorities Cited
Denial Type
No Nexus|Not New Material|Duty To Assist
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