CAVC Case 24-0597: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2025-04-29 · PIETSCH, Judge
This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
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 |
Conditions Claimed
PTSDPsychiatricBackKneeSleep ApneaHipAnkleTBIHeartDiabetes
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Issues on Appeal
SMCBack ConditionService ConnectionEffective DateReopenKnee ConditionTDIUIncreased Rating
Why It Was Decided This Way
In a July 2010 Statement of the Case (SOC),the AOJ again declined to reopen claims for service connection for a bilateral knee condition and back condition,finding no new and material evidence,and the AOJ denied service connection for a left buttock condition.
He also asserted that the AOJ failed to address the appellant.
And the Board noted that the veteran's representative had raised issues of service connection for TBI,an ankle disability, sleep apnea,and ED.
December 2022 Board Decision In the December 2022 decision on appeal, the Board found that in July 2005 the veteran filed initial claims for service connection for lumbar spine and bilateral knee disabilities,and the claims were denied in a November 2006 rating decision that the veteran did not appeal.
The Board noted that the appropriate effective date for a reopened claim was the date the reopened claim was filed,and that the current effective date for service connection for the veteran's lumbar spine and bilateral knee arthritis,September 16,2009,the date the veteran filed a request to reopen his claim,was the correct effective date.
The Board found that the veteran filed an initial claim for service connectionfor a left hip condition on September 16,2009,and that his current effective date of September 16,2009,the date of the claim,was the correct effective date,because no exceptions applied to the general rule for effective dates.
The Board found that the veteran had not submitted an NOD within 1 year of the August 1968 rating decision that granted service connection for a right buttock muscle injury with scars, right thigh muscle injury,and right peroneal and post-tibial nerve paralysis,and that his January 2017 NOD was untimely with respect to those matters.
9 Case:24-597 Page: 10 of 21 Filed:04/29/2025 Concerning CUE,the Board found no revision warranted in the August 1968 rating decision to the extent it discontinued a 100%convalescent rating and assigned a 40%rating for peroneal and post-tibial nerve and muscle injury paralysis, a 20%rating for right buttock muscle injury with scar,and a 10%rating for right thigh muscle injury.
Authorities Cited
Denial Type
Not New Material|Cue
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