BVA Case 24005610: PTSD

BVAReal Board of Veterans' Appeals decision · February 2, 2024 · Vito A. Clementi

Outcome
Granted / Denied / Remanded
Decision Date
February 2, 2024
Judge
Vito A. Clementi
Service Era
September 1974 to September 1977

Conditions Claimed

PTSDBackKneeHipAnkleHeartArthritis

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
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Issues on Appeal

PTSDBackKneeHipAnkleHeartArthritis

Why It Was Decided This Way

20-09 093 DATE: February 2, 2024 ORDER New and material evidence having been received, the claims of service connection for post-traumatic stress disorder (PTSD), a lumbar spine disorder, a bilateral hip disorder, a bilateral ankle disorder, and a bilateral foot disorder are reopened and to this extent only, the appeal is granted.

New and material evidence has been received to reopen the claims of service connection for PTSD, a lumbar spine disorder, a bilateral hip disorder, a bilateral ankle disorder, and a bilateral foot disorder.

After review of the evidence, the Board of Veterans' Appeals (Board) has determined that new and material evidence has been received since the July 2012 final denial, and the claims of service connection for PTSD, a lumbar spine disorder, a bilateral hip disorder, a bilateral ankle disorder, and a bilateral foot disorder are reopened.

New and Material Evidence When a claim is denied by VA, the claimant has one year from the date of mailing of notice of the denial to file an appeal or submit additional relevant evidence.

Essentially, for the claimant to have the finally denied claim reexamined by VA for whether additional development and readjudication, the claimant must submit "new and material" evidence.

New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened and must raise a reasonable possibility of substantiating the claim.

When determining whether the submitted evidence meets the definition of new and material evidence, VA must consider whether the new evidence could, if the claim were reopened, reasonably result in substantiation of the claim.

Evidence is new if it has not been previously submitted to agency decision makers and is material if, when considered with the evidence of record, it would at least trigger VA's duty to assist by providing a medical opinion.

Authorities Cited

Gabriel v. BrownGilbert v. DerwinskiJandreau v. NicholsonKutscherousky v. WestLayno v. BrownOrtiz v. PrincipiRucker v. BrownSee Barr v. NicholsonSee Kahana v. ShinsekiSee Monzingo v. ShinsekiSee Samuels v. WestShade v. ShinsekiShedden v. Principi

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.156(a)38 CFR 3.303(a)38 CFR 3.303(d)38 USC 111038 USC 1113(b)38 USC 5107(b)38 USC 510838 USC 5109

Denial Type

Credibility|Not New Material|Duty To Assist

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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.