CAVC Case 24-1022: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2025-06-30 · JAQUITH, 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
PTSDDepressionBackCervicalKneeTinnitusSleep ApneaAnkleDiabetesEye
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Issues on Appeal
Back ConditionService ConnectionHearing LossPTSDSleep Apnea
Why It Was Decided This Way
The Board noted that neither the veteran nor his representative alleged any error with VA's duty to assist or a lack of substantial compliance with the September 2022 Board remand instructions,R.
However, the Board denied service connection because the veteran's STRs were negative for complaints or treatment for prediabetes/hyperglycemia and because the veteran's lay testimony of a potential nexus was 4 Case:24-1022 Page: 5 of 12 Filed:06/30/2025 outside the realm of common knowledge of a lay person, especially since the condition requires laboratory testing to confirm the diagnosis.
at 37,and the Board found the veteran's lay assertions that he experienced snoring and sleep disturbance during his active duty and Army Reserve service competent.
However,the Board found that the veteran's lay testimony of continuous symptoms since service was not credible because STRs from 1969 to 1972 were negative for complaints and treatment for OSA and because the veteran failed to mention snoring or sleep difficulties until 2014 despite seeking treatment for other conditions beginning in 2002.
Moreover,the Board noted that there was no clinical evidence of a medical nexus between the veteran's OSA and his military service,and the veteran's lay assertions of such an association were not competent because they were outside the realm of common knowledge of a lay person.
at 45,and the Board found the veteran's lay assertion of suffering an in-service injury while stationed in Germany to be credible,or worthy of belief.
However,the Board noted that the veteran may not establish continuity of symptomatology for his current left heel disorder in lieu of a medical nexus, as this avenue .
Moreover,the Board found that the veteran's lay assertions of continuous left heel symptoms since service were not credible because the veteran denied foot trouble on his December 1971 separation exam,and he failed to mention any left heel symptoms until March 2011.
Authorities Cited
Denial Type
Credibility|No Nexus|Duty To Assist|Inadequate Exam
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