BVA Case 23063112: PTSD

BVAReal Board of Veterans' Appeals decision · November 29, 2023 · Timothy Cothrel

Outcome

Dismissed / Granted / Remanded

Decision Date

November 29, 2023

Judge

Timothy Cothrel

Service Era

Not specified

Conditions Claimed

PTSD Depression Anxiety Psychiatric Knee Hip Ankle Skin Respiratory Eye

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

Rating Married Children

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)

Rating	Monthly (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

PTSDDepressionAnxietyPsychiatricKneeHipAnkleSkin

Why It Was Decided This Way

New and material evidence has been received sufficient to reopen a previously denied claim for service connection of a respiratory condition, to include allergic rhinitis and sinusitis, and the appeal is granted to this extent only.

New and material evidence has been received sufficient to reopen a previously denied claim for service connection of fibroid tumors.

New and material evidence has been received sufficient to reopen a previously denied claim for service connection of a left ankle condition, and the appeal is granted to this extent only.

New and material evidence has been received sufficient to reopen a previously denied claim for service connection of a respiratory condition, to include allergic rhinitis and sinusitis.

New and material evidence has been received sufficient to reopen a previously denied claim for service connection of a left ankle condition.

For conditions diagnosed post-service, in general the Board grants service connection if the evidence establishes three key facts, or elements: (1) an existing disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship, or "nexus," between the present disability and the in-service incurrence.

A Veteran is entitled to the benefit of the doubt when there is an approximate balance of positive and negative evidence on any issue material to the claim.

Regarding the third element required for service connection, the nexus or link between the in-service injury or disease and the current disability, the Veteran was provided with a VA medical examination in May 2018.

Authorities Cited

Barr v. NicholsonBuchanan v. NicholsonFlynn v. BrownLendon v. NicholsonLynch v. McMattox v. McRobinson v. PeakeRodriguez v. PeakeSavage v. GoberSee Allen v. BrownSee Baldwin v. WestSee Barnett v. BrownSee Brady v. BrownSee Buchanan v. NicholsonSee Clemons v. ShinsekiSee Dela Cruz v. PrincipiSee Gilbert v. DerwinskiSee Hodge v. WestSee Justus v. PrincipiSee Layno v. BrownSee Ortiz v. PrincipiSee Shade v. ShinsekiShedden v. PrincipiSpicer v. McWalker v. ShinsekiWise v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.10338 CFR 20.110038 CFR 20.130338 CFR 3.10238 CFR 3.10538 CFR 3.15938 CFR 3.159(c)(4)(i)38 CFR 3.250038 CFR 3.30338 CFR 3.303(a)38 CFR 3.303(b)38 CFR 3.304(f)38 CFR 3.30738 CFR 3.309(a)38 CFR 3.310(a)38 CFR 4.125(a)38 CFR 4.13038 CFR 4.1438 USC 111038 USC 1155

Denial Type

Credibility|No Nexus|Not New Material|Duty To Assist

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