CAVC Case 23-5480: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2024-12-30 · 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
PTSDDepressionPsychiatricKneeAnkleDiabetesRadiculopathyErectile Dysfunction
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Issues on Appeal
Service ConnectionReopenDicPTSD
Why It Was Decided This Way
The Board also found that new and material evidence had not been received and therefore declined to reopen a previously denied claim for disability compensation for an acquired psychiatric disorder,including post-traumatic stress disorder (PTSD)and depression.
Parties'Arguments The appellant argues that the Board failed to provide an adequate statement of reasons or bases for denying higher ratings from January 19, 2018,for the veteran's LUE and RLE peripheral neuropathy.
In that regard, he concurs with the appellant that the Board failed to define subjective terms used in the rating criteria and did not explain how the evidence of record comported with those definitions.
He further agrees that,in light of these subjective terms,the Board failed to address whether relevant provisions of the M21-1 discussing those terms were applicable.
The Board's determination of the proper disability rating is a finding of fact that the Court reviews under the clearly erroneous standard of review.
As with any material issue of fact or law, the Board must provide a statement of reasons or bases that is adequate to enable a claimant to understand the precise basis for the Board's decision,as well as to facilitate review in this Court.
After reviewing the medical evidence of record,including the VA examination reports from October 2017 and February 2018, the Board found that the veteran's LUE peripheral neuropathy manifested as no more than mild incomplete paralysis prior to January 2018,R.
In that regard, the Board noted the February 2018 VA examiner's findings that the veteran experienced moderate constant and intermittent pain,reduced strength in gripping and pinching,hypoactive reflexes,decreased sensation in the left forearm,hand,and fingers,as well as trophic changes,but the Board explained that there was no indication in any of the VA examination[reports].
Authorities Cited
Denial Type
No Nexus|Not New Material|Duty To Assist|Inadequate Exam|Rating Criteria
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