BVA Case 24032573: PTSD

BVAReal Board of Veterans' Appeals decision · November 1, 2024 · Vito A. Clementi

Outcome
Denied
Decision Date
November 1, 2024
Judge
Vito A. Clementi
Service Era
September 1965 to February 1969

Conditions Claimed

PTSDDepressionAnxietyPsychiatricBackTinnitusHipHeadacheSkinEye

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

PTSDDepressionAnxietyPsychiatricBackTinnitusHipHeadache

Why It Was Decided This Way

The Board must analyze the competency and credibility of the evidence, account for the evidence which it finds to be persuasive or unpersuasive and provide the reasons for its rejection of any material favorable to the claimant.

Credibility is a factual determination - it involves deciding whether the testimony or other evidence is believable, and the determination is made after the evidence has been found competent.

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 benefit of the doubt in resolving each such issue shall be given to the claimant.

Thus, the general statement that firefighters were at a higher risk for developing Parkinson's Disease based on firefighting toxin exposure during service is not an adequate nexus status to support service connection because it is conclusory and not specifically referring to the Veteran.

However, while the Veteran attempted to establish a nexus through his own lay assertions, the Veteran was not competent to offer opinions as to the diagnosis and cause of his disability.

) Thus, the Veteran was not competent to provide such a nexus opinion and his attempts to present lay assertions to establish a nexus are given no probative weight.

314 (1998) (If treatise evidence is too uncertain to establish a causal nexus, and is unaccompanied by a medical opinion, it may be rejected.

The evidence is not in approximate balance and therefore the benefit of the doubt rule does not apply.

Authorities Cited

Combee v. BrownElkins v. BrownGabrielson v. BrownGilbert v. DerwinskiJandreau v. NicholsonLayno v. BrownLynch v. McOrtiz v. PrincipiReonal v. BrownRucker v. BrownSacks v. WestSee Allen v. BrownSee Bardwell v. ShinsekiSee Combee v. BrownSee Jandreau v. NicholsonSee Procopio v. ShinsekiSee Stefl v. NicholsonSee Woehlaert v. NicholsonStegall v. WestSwann v. BrownWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.303(a)38 CFR 3.303(b)38 CFR 3.303(d)38 CFR 3.30738 CFR 3.307(a)(3)38 CFR 3.307(a)(6)(ii)38 CFR 3.307(a)(6)(v)38 CFR 3.309(a)38 CFR 3.310(a)38 CFR 3.310(b)38 CFR 4.12538 USC 111038 USC 1154(a)38 USC 5107(b)38 USC 7104(a)

Denial Type

Credibility|No Nexus

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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.