BVA Case 23045875: PTSD

BVAReal Board of Veterans' Appeals decision · August 17, 2023 · Vito A. Clementi

Outcome
Dismissed / Denied / Granted / Remanded
Decision Date
August 17, 2023
Judge
Vito A. Clementi
Service Era
August 1997 to December 1997

Conditions Claimed

PTSDBackKneeSleep ApneaShoulderGITDIUArthritisFibromyalgia

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

PTSDBackKneeSleep ApneaShoulderGITDIUArthritis

Why It Was Decided This Way

New and material evidence sufficient to reopen the claim of service connection for left shoulder impingement syndrome has not been presented.

New and material evidence sufficient to reopen the claim of service connection for right knee patellofemoral syndrome has not been presented.

New and material evidence sufficient to reopen the claim of service connection for left knee patellofemoral syndrome has not been presented.

�?5108, which provides that if new and material evidence is presented or secured as to a disallowed claim, the Secretary shall reopen the claim and review the former disposition of the claim.

In any case involving a finally denied claim, the Board must address whether new and material evidence has been received to reopen before addressing the merits of the claim, regardless of whether the AOJ has already addressed the question.

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 reopening a claim, the credibility, but not the weight, of newly submitted evidence is presumed, unless the evidence is inherently incredible or consists of statements that are beyond the competence of the person making the statements.

VA found that the Veteran had not submitted new and material evidence of a nexus relating the Veteran's left shoulder disorder to active service.

Authorities Cited

Boyer v. WestBrammer v. DerwinskiBryant v. ShinsekiDelisio v. ShinsekiHodge v. WestJackson v. PrincipiJones v. ShinsekiJustus v. PrincipiRucker v. BrownShade v. ShinsekiShedden v. PrincipiWakeford v. Brown

Regulations Cited (38 CFR / 38 USC)

38 CFR 19.5538 CFR 20.110338 CFR 20.130338 CFR 3.15638 CFR 3.159(a)(1)38 CFR 3.303(d)38 CFR 3.31738 CFR 3.317(a)(1)38 CFR 3.317(a)(2)(i)38 CFR 3.350(i)38 USC 111038 USC 1114(s)38 USC 111738 USC 510838 USC 7105

Denial Type

Credibility|No Nexus|Not Service Connected|Not New Material

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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.