BVA Case 23040725: PTSD

BVAReal Board of Veterans' Appeals decision · July 26, 2023 · SHAUN S. SPERANZA

Outcome
Denied / Granted
Decision Date
July 26, 2023
Judge
SHAUN S. SPERANZA
Service Era
Not specified

Conditions Claimed

PTSDAnxietyPsychiatricHipEyeHypertension

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

PTSDAnxietyPsychiatricHipEyeHypertension

Why It Was Decided This Way

Most recently, in December 2022, the Board remanded the appeal to obtain an adequate examination and opinion.

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.

A disability, with no causal relationship ("nexus") to an in-service event can be considered service-connected by being proximately due to or aggravated by a service-connected disease or injury.

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 Secretary shall give the benefit of the doubt to the claimant.

Based on this statement, the Board found the May 2019 and December 2017 opinions inadequate due to lack of proper reasoning and because the opinion was beyond the examiner's scope.

The Board found this opinion inadequate because the RO did not schedule the examination with a mental health professional.

After reviewing the record, the VA physician opined that there was insufficient evidence to establish a nexus, with greater than 50 percent probability, that the Veteran's hypertension was proximately due to, the result of, or aggravated beyond its natural progression by, his chronic adjustment disorder with mixed anxiety and depressed mood.

Authorities Cited

Allen v. BrownArdison v. BrownGilbert v. DerwinskiLynch v. McRodriguez v. PeakeSee Acevedo v. ShinsekiSee Stegall v. WestSee Wallin v. WestStefl v. NicholsonWagner v. PrincipiWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.30338 CFR 3.303(a)38 CFR 3.303(b)38 CFR 3.303(d)38 CFR 3.304(b)38 CFR 3.307(a)(3)38 CFR 3.309(a)38 CFR 3.310(b)38 USC 111038 USC 111138 USC 510738 USC 5107(b)

Denial Type

No Nexus|Inadequate Exam

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.