BVA Case 23043749: PTSD

BVAReal Board of Veterans' Appeals decision · August 6, 2023 · David Gratz

Outcome
Granted / Remanded
Decision Date
August 6, 2023
Judge
David Gratz
Service Era
February 1997 to September 2001

Conditions Claimed

PTSDDepressionAnxietyPsychiatricKneeSleep ApneaHipEyeArthritis

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

PTSDDepressionAnxietyPsychiatricKneeSleep ApneaHipEye

Why It Was Decided This Way

19-26 425A DATE: August 6, 2023 ORDER New and material evidence has been received to reopen the claim for service connection for a left knee disability.

New and material evidence has been received to warrant reopening the previously denied claim for service connection for a left knee disability.

New and material evidence has been received to warrant reopening the claim for service connection for a left knee disability.

A finally disallowed claim, however, may be reopened when new and material evidence is presented or secured with respect to that claim.

Regardless of the action taken by the RO, the Board must determine whether new and material evidence has been received subsequent to an unappealed RO denial.

As part of this review, the Board considers evidence of record at the time of the previous final disallowance of the claim on any basis, including on the basis that there was no new and material evidence to reopen the claim, and evidence submitted since a prior final disallowance.

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.

For purposes of reopening a claim, the credibility of newly submitted evidence is generally presumed.

Authorities Cited

Allen v. BrownClemons v. ShinsekiCohen v. BrownEvans v. BrownHolton v. ShinsekiJackson v. PrincipiJustus v. PrincipiRodriguez v. PeakeShade v. ShinsekiShedden v. Principi

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.30238 CFR 3.10238 CFR 3.10438 CFR 3.104(a)38 CFR 3.156 (a)38 CFR 3.156(c)(1)38 CFR 3.303(a) (2019)38 CFR 3.303(d)38 CFR 3.304(f)38 CFR 3.310 (2018)38 CFR 4.125(a)38 USC 111038 USC 510838 USC 710438 USC 7105

Denial Type

Credibility|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.