BVA Case 23002776: PTSD

BVAReal Board of Veterans' Appeals decision · January 17, 2023 · SHAUN S. SPERANZA

Outcome
Denied / Remanded / Granted
Decision Date
January 17, 2023
Judge
SHAUN S. SPERANZA
Service Era
Not specified

Conditions Claimed

PTSDDepressionPsychiatricHearing LossTinnitusHipEye

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

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)
RatingMonthly (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
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Issues on Appeal

PTSDDepressionPsychiatricHearing LossTinnitusHipEye

Why It Was Decided This Way

18-26 279 DATE: January 17, 2023 ORDER New and material evidence having been received, the claim of entitlement to service connection for hearing loss is reopened.

The Veteran did not file a Notice of Disagreement (NOD) or submit new and material evidence within one year.

However, a previous claim of entitlement to service connection can be reopened if the Veteran files again and if new and material evidence is presented.

New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened and it must raise a reasonable possibility of substantiating the claim.

The threshold for determining whether new and material evidence raises a reasonable possibility of substantiating a claim is low.

For the purpose of establishing whether new and material evidence has been submitted, the credibility of the evidence is to be presumed.

New and material evidence having been received, the claim of entitlement to service connection for bilateral hearing loss is reopened.

The RO determined that the Veteran's hearing loss was not service connected because there was no acoustic trauma or evidence of a diagnosed disability; there was no evidence showing continual treatment for a hearing condition.

Authorities Cited

Ardison v. BrownClemons v. ShinsekiCray v. WilkieCriswell v. NicholsonJustus v. PrincipiLalonde v. WestLynch v. McPhee v. NicholsonRodriguez v. PeakeRodriguez v. WestSee Acevedo v. ShinsekiSee Glynn v. BrownSee Layno v. BrownSee Smith v. NicholsonShade v. ShinsekiSmith v. WestStefl v. NicholsonWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.1(p)38 CFR 3.1(r)38 CFR 3.10238 CFR 3.10438 CFR 3.155(a) (2014)38 CFR 3.15638 CFR 3.156(a)38 CFR 3.159(c)(1)38 CFR 3.159(e)(1)38 CFR 3.30338 CFR 3.303(a)38 CFR 3.303(b)38 CFR 3.303(d)38 CFR 3.307(a)(3)38 CFR 3.309(a)38 CFR 3.40038 CFR 4.338 CFR 4.738 CFR 4.87

Denial Type

Credibility|No Nexus|Not Service Connected|Not New Material|Duty To Assist

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Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.