BVA Case 24026705: PTSD

BVAReal Board of Veterans' Appeals decision · July 17, 2024 · GAYLE STROMMEN

Outcome
Granted / Remanded
Decision Date
July 17, 2024
Judge
GAYLE STROMMEN
Service Era
September 1980 to July 1987

Conditions Claimed

PTSDBackKneeTinnitusHipAnkleHeadacheGIArthritis

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

PTSDBackKneeTinnitusHipAnkleHeadacheGI

Why It Was Decided This Way

Service Connection Generally, in order to prove service connection, there must be competent, credible evidence of (1) a current disability, (2) in-service incurrence or aggravation of an injury or disease, and (3) a nexus, or link, between the current disability and the in-service disease or injury.

Whenever there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the Veteran.

Thus, the remaining question before the Board is whether a nexus exist between his current diagnosis and his back injury in service.

The record includes an April 2014 VA medical opinion in which the examiner found that the Veteran's back disability is less likely than not related to service.

In March 2024, VA obtained another medical opinion in which the examiner found that the Veteran's back disability was not related to service.

The examiner concluded that it is less likely than not there is a chronic back condition due to the acute back complaints while in service; therefore, a nexus cannot be established.

Moreover, the examiner found that the Veteran's back disability was not related to service due to the lack of continuity of care; however, it is not only the continuity of treatment that is relevant, but also the continuity of symptoms regardless of treatment.

Since the examiner did not consider these earlier complaints of pain and diagnosis, the Board finds that the opinion is inadequate and offers low probative value.

Authorities Cited

Clemons v. ShinsekiDavidson v. ShinsekiPond v. WestSee Ward v. WilkieWard v. WilkieWilson v. Derwinski

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.303 (d)38 CFR 3.310 (2020)38 USC 111038 USC 5107 (b)

Denial Type

No Nexus|Inadequate Exam

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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.