CAVC Case 24-7144: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2026-01-15 · MEREDITH, 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.

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

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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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Outcome
Affirmed / Vacated / Remanded
Decision Date
2026-01-15
Judge
MEREDITH, Judge
Service Era
Not specified

Conditions Claimed

PTSDHeadacheRespiratoryEyeArthritis

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Issues on Appeal

Service ConnectionIncreased RatingPTSD

Why It Was Decided This Way

He underwent an examination the following month;the VA examiner diagnosed moderate-to-severe triscaphe joint osteoarthritis,but she opined that the condition was less likely than not related to left hand pain experienced during service and was instead at least as likely as not caused by increasing age.

Regarding his left hand condition,the appellant noted that he filed a claim for arthritis in 1993,referenced his 1993 diagnosis of mild periarticular demineralization in the left hand and wrist,and suggested that the August 2023 nexus opinion was inadequate because the examiner failed to acknowledge that diagnosis.

Parties'Arguments The appellant first argues that the Board erred by rating his disability from migraine variants under 4.

The Board's determination of the proper disability rating is a finding of fact that the Court reviews under the clearly erroneous standard of review.

A finding of fact is clearly erroneous when the Court,after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed.

As with any material issue of fact or law,the Board must provide a statement of reasons or bases that is adequate to enable a claimant to understand the precise basis for the Board's decision,as well as to facilitate review in this Court.

Board Decision As an initial matter,the Board noted that this appeal stems from the April 2023 higher-level review decision and that the Board may consider only the evidence of record at the time of the July 6 Case:24-7144 Page: 7 of 13 Filed:01/15/2026 2022 rating decision.

The Board noted,however, that DC 9412 governs panic disorders and/or agoraphobia and that the appellant's PTSD was already rated under the General Rating Formula for Mental Disorders.

Authorities Cited

Allday v. BrownArdison v. BrownAries v. PeakeBarr v. NicholsonBerger v. BrownBest v. PrincipiBuckley v. WestButts v. BrownCarr v. SaulDavidson v. ShinsekiFletcher v. DerwinskiGilbert v. DerwinskiHampton v. GoberHolmes v. WilkieJordan v. BrownLendenmann v. PrincipiMaggitt v. WestMassie v. ShinsekiMonzingo v. ShinsekiMorris v. McRusso v. BrownScott v. McSee Breeden v. PrincipiSee Dickens v. McSee Frankel v. DerwinskiSee Hilkert v. WestSee Locklear v. NicholsonSee Quirin v. ShinsekiSee Walker v. ShinsekiShedden v. Principi

Denial Type

Credibility|No Nexus|Duty To Assist|Inadequate Exam

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