BVA Case 23012576: PTSD

BVAReal Board of Veterans' Appeals decision · March 1, 2023 · S. CHARLES NEILL

Outcome

Denied / Granted / Remanded

Decision Date

March 1, 2023

Judge

S. CHARLES NEILL

Service Era

May 1967 to June 1977

Conditions Claimed

PTSD Depression Anxiety Psychiatric Cervical Knee Hearing Loss Tinnitus Sleep Apnea Shoulder

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

PTSDDepressionAnxietyPsychiatricCervicalKneeHearing LossTinnitus

Why It Was Decided This Way

New and material evidence has not been received to reopen a claim of entitlement to service connection for chronic migraine headaches, and the claim to reopen is denied.

New and material evidence has not been received to reopen a claim of entitlement to service connection for a chronic seizure disorder, status post loss of consciousness, (seizure disorder), and the claim to reopen is denied.

New and material evidence has been received to reopen a claim of entitlement to service connection for right knee degenerative joint disease or patellofemoral syndrome, and the claim to reopen is granted.

New and material evidence has not been received to reopen a claim of entitlement to service connection for left knee degenerative joint disease or patellofemoral syndrome (left knee disorder), and the claim to reopen is denied.

New and material evidence has not been received to reopen a claim of entitlement to service connection for right shoulder tendinitis, and the claim to reopen is denied.

New and material evidence has not been received to reopen a claim of entitlement to service connection for left shoulder tendinitis, and the claim to reopen is denied.

The Veteran did not appeal or submit new and material evidence within the one-year period thereafter.

New and material evidence has not been received to warrant reopening of the claim of service connection for chronic migraine headaches.

Authorities Cited

Allen v. BrownBrammer v. DerwinskiClain v. NicholsonCromer v. NicholsonEvans v. BrownFenderson v. WestFrancisco v. BrownHare v. DerwinskiHart v. MansfieldHolton v. ShinsekiJackson v. PrincipiJandreau v. NicholsonJustus v. PrincipiKinney v. McLendon v. NicholsonLynch v. McMittleider v. WestMoody v. WilkieMoore v. DerwinskiPeyton v. DerwinskiPowell v. WestPrejean v. WestRice v. ShinsekiRoberson v. PrincipiRomanowsky v. ShinsekiSaunders v. WilkieSee Harris v. DerwinskiSee Lendenmann v. PrincipiSee Ray v. WilkieSee Rossy v. Shulkin

Regulations Cited (38 CFR / 38 USC)

38 CFR 19.3738 CFR 20.110338 CFR 20.130338 CFR 3.10238 CFR 3.10438 CFR 3.15638 CFR 3.156(b)38 CFR 3.156(c)(1)38 CFR 3.156(c)(2)38 CFR 3.15938 CFR 3.159(c)(2)38 CFR 3.159(c)(4)38 CFR 3.30338 CFR 3.303(a)38 CFR 3.303(d)38 CFR 3.307(a)(6)(ii)38 CFR 3.309(e)38 CFR 3.31038 CFR 4.138 CFR 4.16(a)

Denial Type

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

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