CAVC Case 23-5580: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2024-11-19 · PIETSCH, 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
PTSDDepressionAnxietyPsychiatricSleep ApneaHeadacheTBIHeart
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Issues on Appeal
Service ConnectionPTSDSleep Apnea
Why It Was Decided This Way
The Board noted that in an April 2016 opinion,the veteran's treating VA provider stated that a medical article linked PTSD and TBI to OSA and opined that it is more likely than not that the veteran's OSA was caused by service-connected injuries.
But the Board noted that the opinion did not identify the injuries that caused the veteran's OSA,and the veteran was not service 1 Amir Sharafkhaneh et al.
The examiner opined that it was less likely that the veteran's OSA was directly related to service,noting that a nexus had not been established between military service in general and OSA.
May 2023 Board Decision In the May 2023 decision on appeal,the Board denied service connection for OSA,finding that the evidence persuasively weighed against finding that the veteran's OSA resulted from the veteran's active service,including Persian Gulf service or a period of active or inactive duty training,or that his OSA was caused or aggravated by his service-connected PTSD.
The appellant was diagnosed with OSA,but the Board found that OSA was not a medically unexplained chronic multisymptom illness;so, the appellant.
The appellant's February 2006 in- service complaints of frequent trouble sleeping that he attributed to insomnia,and the Board noted that in a medical history dated a week later, the appellant.
The Board noted that during a June 2006 VA examination conducted 2 months after his discharge from service, the appellant.
The Board noted that the June 2016 examiner stated that the risks for OSA included advancingage,being male,obesity,and craniofacial or upper airway soft tissue abnormalities, and additional risk factors includedsmoking,nasal congestion,and family history.
Authorities Cited
Denial Type
Non Denial Outcome
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