BVA Case 23007415: PTSD

BVAReal Board of Veterans' Appeals decision · February 6, 2023 · SHEREEN M. MARCUS

Outcome

Granted / Denied / Remanded

Decision Date

February 6, 2023

Judge

SHEREEN M. MARCUS

Service Era

Not specified

Conditions Claimed

PTSD Depression Anxiety Back Cervical Knee Hearing Loss Shoulder Hip Headache

What would this rating pay you? (2026 rates)

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

Rating Married Children

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)

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

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Issues on Appeal

PTSDDepressionAnxietyBackCervicalKneeHearing LossShoulder

Why It Was Decided This Way

18-30 679 DATE: February 6, 2023 ORDER New and material evidence having been received, the claim for service connection for bilateral hearing loss is reopened, and to that extent only, the appeal is granted.

New and material evidence having not been received, the claim for service connection for a low back condition, remains denied and the appeal is not reopened.

In an unappealed January 2011 rating decision, service connection for bilateral hearing loss and a low back condition was denied finding no evidence of a diagnosis nor nexus to service.

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

The February 2017 rating decision denied service connection for bilateral hearing and a low back condition finding no new and material evidence had been received to warrant reopening these previously denied claims.

Regardless of the RO's decision pertaining to new and material evidence, the Board is obligated to consider these issues and make an independent determination.

New and Material Generally, a claim which has been denied in an unappealed RO decision may not thereafter be reopened and allowed.

� 5108, which provides that if new and material evidence is presented or secured with respect to a claim which has been disallowed, the VA Secretary shall reopen the claim and review the former disposition of the claim.

Authorities Cited

Amberman v. ShinsekiAries v. PeakeBuchanan v. NicholsonClain v. NicholsonClendon v. NicholsonEsteban v. BrownFenderson v. WestGilbert v. DerwinskiGutierrez v. PrincipiHensley v. BrownHorn v. ShinsekiIn Shade v. ShinsekiJackson v. PrincipiJandreau v. NicholsonJustus v. PrincipiLynch v. McRobinson v. PeakeRomanowsky v. ShinsekiSaunders v. WilkieSee Fenderson v. WestSee Gutierrez v. PrincipiSee Jefferson v. PrincipiSee Kahana v. ShinsekiSee Scott v. McSee Smith v. WestSee Stefl v. NicholsonSmith v. WilkieStankevich v. NicholsonWait v. Wilkie

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.10438 CFR 3.156(a)38 CFR 3.159(c)(1)38 CFR 3.159(c)(4)38 CFR 3.31738 CFR 3.317 (a)(1)38 CFR 3.317 (a)(2)(i)38 CFR 3.317 (a)(4)38 CFR 3.317 (a)(5)38 CFR 3.317(a)(1)38 CFR 3.317(a)(3)38 CFR 3.317(c)(4)38 CFR 3.317(e)(2)38 CFR 3.317(f)38 CFR 4.138 CFR 4.11438 CFR 4.1438 CFR 4.2

Denial Type

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

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