BVA Case 231010-383562: PTSD

BVAReal Board of Veterans' Appeals decision · March 20, 2025 · SHEREEN M. MARCUS

Outcome
Denied / Remanded
Decision Date
March 20, 2025
Judge
SHEREEN M. MARCUS
Service Era
January 1973 to January 1976

Conditions Claimed

PTSDDepressionPsychiatricBackHipTBIHeartGITDIUEye

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

PTSDDepressionPsychiatricBackHipTBIHeartGI

Why It Was Decided This Way

254, 258 (1999) (noting that the "clear and convincing" burden of proof, while a higher standard than a preponderance of the evidence, is a lower burden to satisfy than that of "clear and unmistakable evidence.

A veteran is entitled to the benefit of the doubt when the evidence is in approximate balance or "nearly equal," and does not require that the evidence be in exact equipoise.

He was not diagnosed with PTSD during service, he was not engaged in combat with the enemy, the claimed stressors were not related to fear of hostile military or terrorist activity, he was not a POW, and the claimed stressors were not based on in-service personal assault.

In assessing the credibility of evidence, the Board may consider any number of factors, to include conflicting statements or evidence, and the potential bias of the declarant.

Given the lack of corroborating objective evidence and the Veteran's medical condition that causes paranoid delusions as well as his inconsistent / varied accounts throughout time, the Board finds his statements lack credibility and, therefore, are afforded minimal probative value.

2006) (if otherwise lay evidence is determined to be mistaken or to lack credibility, with adequate explanation, such statements can be properly rejected as non-probative); McLendon, 20 Vet.

at 84 (indicia of lack of credibility include conflicting statements or untrustworthiness); Caluza v.

The Board finds that a pre-decisional duty to assist error has occurred which must be corrected before a decision may be rendered on the claim.

Authorities Cited

Bodon v. McBodon v. WilkieBuczynski v. ShinsekiCaluza v. BrownClemons v. ShinsekiCohen v. BrownCook v. McCotant v. PrincipiCrowe v. BrownDavidson v. ShinsekiDavis v. PrincipiGreen v. DerwinskiHunt v. DerwinskiJandreau v. NicholsonJoyce v. NicholsonKahana v. ShinsekiLaposky v. BrownLendon v. NicholsonLynch v. McPond v. WestReonal v. BrownRobinson v. PeakeSee Bardwell v. ShinsekiSee Buchanan v. NicholsonSee Falzone v. BrownSee Harris v. DerwinskiSee Layno v. BrownSee Monzingo v. ShinsekiSee Newhouse v. NicholsonSee Reonal v. Brown

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.30038 CFR 20.30138 CFR 20.80238 CFR 3.10238 CFR 3.303(a)38 CFR 3.304(b)38 CFR 3.304(b)(1)38 CFR 3.304(f)38 CFR 3.304(f)(1)38 CFR 3.304(f)(2)38 CFR 3.304(f)(3)38 CFR 3.304(f)(4)38 CFR 3.304(f)(5)38 CFR 3.30638 CFR 3.309(a)38 CFR 4.12538 CFR 4.125(a)38 USC 111138 USC 1153

Denial Type

Credibility|No Nexus|Preponderance Against|Duty To Assist

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.