BVA Case 23038858: PTSD

BVAReal Board of Veterans' Appeals decision · July 13, 2023 · Vito A. Clementi

Outcome
Granted / Denied / Remanded
Decision Date
July 13, 2023
Judge
Vito A. Clementi
Service Era
July 1998 to November 1998

Conditions Claimed

PTSDDepressionAnxietyPsychiatricBackCervicalKneeSleep ApneaShoulderHip

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

PTSDDepressionAnxietyPsychiatricBackCervicalKneeSleep Apnea

Why It Was Decided This Way

19-09 657 DATE: July 13, 2023 ORDER New and material evidence having been received, the claim of service connection for adjustment disorder is reopened and to this extent only, the appeal is granted.

New and material evidence having been received, the claim of service connection for a sleep disorder is reopened and to this extent only, the appeal is granted.

New and material evidence has been received to reopen the claims of service connection for an adjustment disorder and a sleep disorder.

After review of the evidence, the Board has determined the following: New and material evidence has been received since the February 2013 and November 2015 final denials, and the claims of service connection for sleep and adjustment disorders are reopened.

New and Material Evidence When a claim is denied by VA, the claimant has one year from the date of mailing of notice of the denial to file an appeal or submit additional relevant evidence.

Essentially, for the claimant to have the finally denied claim reexamined by VA for whether additional development and readjudication, the claimant must submit "new and material" evidence.

New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened and must raise a reasonable possibility of substantiating the claim.

When determining whether the submitted evidence meets the definition of new and material evidence, VA must consider whether the new evidence could, if the claim were reopened, reasonably result in substantiation of the claim.

Authorities Cited

Amberman v. ShinsekiBrammer v. DerwinskiButts v. BrownCartright v. DerwinskiEsteban v. BrownFerenc v. NicholsonGabrielson v. BrownGilbert v. DerwinskiHart v. MansfieldKutscherousky v. WestKuzma v. PrincipiLayno v. BrownLyles v. ShulkinNorman v. McRabideau v. DerwinskiRucker v. BrownSee Burton v. ShinsekiSee Fenderson v. WestSee Gonzales v. WestSee Harris v. DerwinskiSee Mittleider v. WestSee Timberlake v. GoberShade v. ShinsekiShedden v. PrincipiSowers v. McWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.156(a)38 CFR 3.303(a)38 CFR 3.303(b)38 CFR 3.303(d)38 CFR 3.309(a)38 CFR 3.31738 CFR 3.317(a)(2)(i)38 CFR 3.317(a)(3)38 CFR 4.138 CFR 4.11838 CFR 4.12638 CFR 4.13038 CFR 4.1438 CFR 4.338 CFR 4.5938 CFR 4.638 CFR 4.738 CFR 4.71a

Denial Type

Credibility|No Nexus|Not New Material|Preponderance Against|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.