Case 23030797: PTSD

DecisionVeterans-appeals decision document (court public records) · May 25, 2023 · REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

Outcome
Granted / Remanded
Decision Date
May 25, 2023
Judge
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
Service Era
Not specified

Conditions Claimed

PTSDPsychiatricTinnitusSleep ApneaHipHeadacheSkinRespiratoryEye

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

PTSDPsychiatricTinnitusSleep ApneaHipHeadacheSkinRespiratory

Why It Was Decided This Way

19-12304A DATE: May 25, 2023 ORDER New and material evidence has been received to reopen a previously denied claim of entitlement to service connection for hypothyroidism.

The Veteran did not appeal the February 2015 rating decision and no new and material evidence was received within one year of that decision.

New and material evidence having been received, the claim seeking entitlement to service connection for hypothyroidism is reopened.

New and Material Evidence The Board finds that the Veteran's March 2017 statement that he was exposed to chemicals when stationed at Fort McClellan is new and material evidence sufficient to allow for the reopening of his previously denied claim of service connection for hypothyroidism.

A claim that has been finally adjudicated can be reopened and reconsidered if new and material evidence is presented raising a reasonable possibility of substantiating the claim.

A grant for service connection for a disability requires: (1) a present disability or persistent or recurrent symptoms of a disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship ("nexus") between the present disability and the in-service event, injury, or disease.

To establish secondary service connection there must be (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) competent evidence establishing a link ("nexus") between the service-connected disability and the current disability.

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the VA shall give the benefit of the doubt to the claimant.

Authorities Cited

Ardison v. BrownBarr v. NicholsonBodon v. McIn Gagne v. McRodriguez v. PeakeSee Acevedo v. ShinsekiSee Gagne v. McSee Lynch v. McSee Shade v. ShinsekiSee Wallin v. WestShedden v. PrincipiStefl v. NicholsonWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.156 (a)38 CFR 3.156 (b)38 CFR 3.30338 CFR 3.303(a)38 CFR 3.304(f)38 CFR 4.125(a)38 USC 111038 USC 510338 USC 5108

Denial Type

No Nexus|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.