CAVC Case 23-5851: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2024-11-27 · 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
PTSDPsychiatricBackKneeSleep ApneaAnkleHeadacheRespiratoryHypertension
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Issues on Appeal
Back ConditionService ConnectionKnee ConditionPTSDSleep Apnea
Why It Was Decided This Way
The accompanying medical opinions concluded that the veteran's left and right foot conditions were less likely than not related to service because there was [n]o chronic evaluation or treatment, including after discharge, and the pes planus was asymptomatic on today[']s exam.
The physician assistant provided a negative nexus opinion for the veteran's right ankle, reasoning that there were no ankle issues noted on the March 1990 separation exam and [n]o chronic evaluation or treatment.
Despite finding the veteran competent to state that his feet (which were asymptomatic in service)became symptomatic in the year following service and deeming his contentions credible, the Board concluded that he is not competent to determine that the aggravation was due to service, as this question is medically complex and requires knowledge Case:23-5851 Page: 6 of 13 Filed:11/27/2024 of pathology.
Next,the Board discussed the veteran's right ankle disability, and the Board found that the [v]eteran does not have a current diagnosis of a right ankle disability and has not had one at any time during the pendency of the claim or recent to the filing of the claim.
2018), the Board determined that the veteran's right ankle pain alone could not qualify as a disability because the evidence fails to reflect evidence of a functional impairment, noting that [t]he [v]eteran denied any such functional impairment at his October 2017 VA examination.
The Board noted that VA treatment records show the [v]eteran was not diagnosed with hypertension and that he did not report back problems for more than two decades after service, which was consistent with the veteran's hearing testimony that both elevated blood pressure and back pain did not occur until years after service.
The Board concluded that a VA exam was not required for either condition because the evidence of record[] fails to suggest that a back disability and hypertension .
As the Board noted, [a]conclusory generalized lay statement that a service event or illness caused the claimant's current condition is insufficient to require an examination.
Authorities Cited
Denial Type
Credibility|No Nexus|Duty To Assist|Inadequate Exam
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