BVA Case 23052736: PTSD

BVAReal Board of Veterans' Appeals decision · September 22, 2023 · T. Raymond

Outcome
Granted / Denied / Remanded
Decision Date
September 22, 2023
Judge
T. Raymond
Service Era
Not specified

Conditions Claimed

PTSDBackCervicalKneeHipHeadacheSkinGIEyeRadiculopathy

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

PTSDBackCervicalKneeHipHeadacheSkinGI

Why It Was Decided This Way

New and material evidence has been associated with the claims file since the prior final denial of entitlement to service connection for IBS in September 2013.

New and material evidence has been associated with the claims file since the prior final denial of entitlement to service connection for a headache condition in September 2013.

However, if new and material evidence is presented or secured with respect to a disallowed claim, the Board shall reopen the claim and review its former disposition.

Crucially, new and material evidence has been associated with the claims file since the prior final denial of these issues in September 2013.

Entitlement to service connection for a headache condition Direct service connection may be warranted if the evidence shows: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship (nexus) between the present disability and the disease or injury incurred or aggravated during service.

Entitlement to service connection for IBS VA's duty to assist includes providing a medical examination when necessary to decide a claim.

Crucially, the AOJ has not afforded the Veteran a pertinent VA examination with opinion to assess the nature and etiology of this disability and the Veteran has not submitted any etiological opinions for this disability; as such, remand is required for further medical development.

159(c)(4); McLendon, supra (VA's duty to assist includes providing a medical examination when it is necessary to decide a claim).

Authorities Cited

Allen v. BrownBarnett v. BrownBarr v. NicholsonFanning v. BrownFenderson v. WestFrancisco v. BrownGurley v. PeakeHarris v. DerwinskiHart v. MansfieldJackson v. PrincipiJandreau v. NicholsonKahana v. ShinsekiLayno v. BrownRead v. ShinsekiRodriguez v. PeakeSchafrath v. DerwinskiShedden v. PrincipiSmith v. WestSnuffer v. GoberSpicer v. McThun v. PeakeTurco v. BrownWard v. Wilkie

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.20038 CFR 3.10238 CFR 3.15638 CFR 3.159(c)(4)38 CFR 3.303(b)38 CFR 3.310(a)38 CFR 3.31738 CFR 3.317(a)(1)(i)38 CFR 3.317(a)(2)38 CFR 3.317(a)(3)38 CFR 3.317(a)(4)38 CFR 3.317(a)(7)(i)38 CFR 3.317(e)38 CFR 3.321(b)(1)38 CFR 3.350(b)38 CFR 3.350(i)38 CFR 3.352(a)38 CFR 4.138 CFR 4.114

Denial Type

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.