BVA Case 23029996: PTSD

BVAReal Board of Veterans' Appeals decision · May 23, 2023 · Vito A. Clementi

Outcome
Dismissed / Denied / Granted / Remanded
Decision Date
May 23, 2023
Judge
Vito A. Clementi
Service Era
Not specified

Conditions Claimed

PTSDPsychiatricBackCervicalKneeHearing LossTinnitusShoulderHeadacheSkin

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
See your full claim picture — free
Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

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.

Issues on Appeal

PTSDPsychiatricBackCervicalKneeHearing LossTinnitusShoulder

Why It Was Decided This Way

The additional documentation submitted since the September 2009 rating decision is new and material and raises a reasonable possibility of substantiating the Veteran's claim of service connection for joint pain.

The additional documentation submitted since the September 2009 rating decision is new and material and raises a reasonable possibility of substantiating the Veteran's claim of service connection for muscle pain.

The additional documentation submitted since the September 2009 rating decision is new and material and raises a reasonable possibility of substantiating the Veteran's claim of service connection for a skin rash.

The additional documentation submitted since the September 2009 rating decision is new and material and raises a reasonable possibility of substantiating the Veteran's claim of service connection for chronic fatigue.

The additional documentation submitted since the September 2009 rating decision is new and material and raises a reasonable possibility of substantiating the Veteran's claim of service connection for a sinus disorder and headaches.

The additional documentation submitted since the February 2003 rating decision is new and material and raises a reasonable possibility of substantiating the Veteran's claim of service connection for tinnitus.

The December 2010 claim to reopen service connection was denied because no new and material evidence was received within one year of the March 2011 letter informing him that he needed to submit such evidence.

New and material evidence sufficient to reopen the Veteran's claim of service connection for joint pain has been presented.

Authorities Cited

Barnett v. BrownBell v. DerwinskiCharles v. PrincipiEsteban v. BrownEvans v. BrownFerenc v. NicholsonJackson v. PrincipiJandreau v. NicholsonJoyner v. McJustus v. PrincipiRice v. ShinsekiSee Allen v. BrownSee Fountain v. McSee Gutierrez v. PrincipiSee Hodge v. WestShade v. ShinsekiShedden v. PrincipiWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 19.5538 CFR 20.110338 CFR 20.130338 CFR 20.20038 CFR 3.10238 CFR 3.15538 CFR 3.156(a)38 CFR 3.156(b)38 CFR 3.157(b)(1)38 CFR 3.159(a)(2)38 CFR 3.303(b)38 CFR 3.303(d)38 CFR 3.307(a)(3)38 CFR 3.309(a)38 CFR 3.31038 CFR 3.31738 CFR 3.317(a)38 CFR 3.317(b)38 CFR 3.32038 CFR 3.400(b)(2)(i)

Denial Type

Credibility|No Nexus|Not New Material|Cue

Find Similar Precedent for Your Claim

VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.

Run my claim through VetAid →
Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

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.