BVA Case 24016558: PTSD

BVAReal Board of Veterans' Appeals decision · April 17, 2024 · B. MULLINS

Outcome
Granted / Denied / Remanded
Decision Date
April 17, 2024
Judge
B. MULLINS
Service Era
Not specified

Conditions Claimed

PTSDPsychiatricBackSleep ApneaHipHeartGI

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

PTSDPsychiatricBackSleep ApneaHipHeartGI

Why It Was Decided This Way

A grant for service connection for a disability requires: (1) a present disability or persistent or recurrent symptoms of a disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship ("nexus") between the present disability and the in-service event, injury, or disease.

However, a disability, with no causal relationship ("nexus") to an in-service event can be considered service-connected by being proximately due to or aggravated by a service-connected disease or injury.

To establish secondary service connection there must be (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) competent evidence establishing a link ("nexus") between the service-connected disability and the current disability.

2006) ("[T]he Board cannot determine that lay evidence lacks credibility merely because it is unaccompanied by contemporaneous medical evidence").

The examiner also noted that obesity was the main cause of OSA, but failed to address whether weight gain was an intermediate step between the Veteran's service-connected condition and development of OSA.

Moreover, the general explanation that OSA was caused by obesity and by the upper airway failing to maintain its patency during sleep, did not address the contentions that obesity was related to PTSD.

When there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter, the Veteran shall be afforded the benefit of the doubt and prevail upon the issue.

However, the Board found this opinion was inadequate because it was based on the absence of evidence and failed to consider lay statements.

Authorities Cited

Ardison v. BrownBuchanan v. NicholsonDickens v. McGonzales v. WestJandreau v. NicholsonRodriguez v. PeakeSee Acevedo v. ShinsekiSee Barr v. NicholsonSee Jandreau v. NicholsonSee Lynch v. McSee Scott v. McSee Wallin v. WestSee Wood v. DerwinskiStefl v. NicholsonWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.15938 CFR 3.30338 CFR 3.303(a)38 USC 111038 USC 5107(b)

Denial Type

Credibility|No Nexus|Duty To Assist|Inadequate Exam

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.