BVA Case 230316-331429: PTSD

BVAReal Board of Veterans' Appeals decision · July 17, 2025 · MICHELLE L. KANE

Outcome
Denied
Decision Date
July 17, 2025
Judge
MICHELLE L. KANE
Service Era
Not specified

Conditions Claimed

PTSDDepressionPsychiatricBackEye

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

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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

PTSDDepressionPsychiatricBackEye

Why It Was Decided This Way

The May 2000 notification that her pension claim was granted also noted that the Veteran's death was not related to a service-connected disease or injury.

While it is true that the Board concluded that "there is no showing of exposure to more than an ordinary stressful environment, even given the fact that service in a combat zone is stressful in some degree to all who are there, whatever their duties and experiences," this statement must be read in the context of the Board's explicit acknowledgement of the Veteran's actual combat experience.

249, 260 (2020) (holding that "when the record includes the veteran's lay reports, which the Board did not find to be not credible, we may ordinarily conclude that it made an implicit credibility determination.

If something as fundamental as the veteran's credibility were an issue, we would expect the Board to say something.

Likewise, the Board made no finding that the appellant's 1992 testimony which also discussed specific combat stressors was not credible, which logically and under controlling legal authority, means the 1992 Board found it credible.

The dispositive issue was the etiology of the Veteran's psychiatric problems and the Board determined that the evidence supported finding that his PTSD, depression, and adjustment disorder were due to specific post-service events largely arising from a work-related injury in the 1980s rather than due to his participation in combat in Vietnam.

But the issue is not whether, in hindsight, the March 1992 Board decision came to the right result, the issue is whether the March 1992 Board found the Veteran did not participate in combat or did not have an in-service stressor and, if so, whether the later grant of benefits in the July 2021 Board decision was based at least in part on the additional military records received in May 2015.

And the answer to that question is that the March 1992 Board specifically found that the Veteran had participated in combat, but that those experiences were not related to his PTSD.

Authorities Cited

Brannon v. WestJones v. WilkieKisor v. McKisor v. WilkieMunro v. ShinsekiSee Ingram v. NicholsonSee Miller v. WilkieServello v. DerwinskiVazquez v. Mc

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.30038 CFR 20.30138 CFR 3.10238 CFR 3.156(c)38 CFR 3.156(c)(1)38 CFR 3.156(c)(3)38 CFR 3.250038 CFR 3.250138 CFR 3.40038 USC 510738 USC 5110 (a)

Denial Type

Credibility|No Nexus

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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.