BVA Case 24033637: PTSD

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

Outcome
Denied / Granted
Decision Date
December 2, 2024
Judge
Vito A. Clementi
Service Era
June 1980 to June 1984

Conditions Claimed

PTSDDepressionAnxietyPsychiatricBackCervicalSleep ApneaHipHeadacheTBI

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

PTSDDepressionAnxietyPsychiatricBackCervicalSleep ApneaHip

Why It Was Decided This Way

The parties agreed that remand was necessary because the Board did not address the Veteran's argument that his disability was secondary to his service-connected non-allergic rhinitis and chronic nasal obstruction, and because the Veteran was not provided his requested Board hearing.

In an April 2022 decision, the Board denied the claim.

Specifically, the parties agreed that remand was necessary because the Board did not address the adequacy of the April 2011, July 2014, March 2019, and April 2019 VA examinations.

Establishing service connection generally requires (1) evidence of a current disability; (2) evidence of in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and the present disability.

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

stated that the Veteran's OSA was at least likely as not related to his period of service.

The physician concluded that the Veteran's OSA was as likely as not related to boxing injuries sustained during his period of service.

A July 2023 VA sleep apnea examiner found that the OSA was less likely than not related to the nasal fracture sustained during service because there was no evidence of sleep apnea until 2004.

Authorities Cited

Allen v. BrownAries v. PeakeCaluza v. BrownDavidson v. ShinsekiDyment v. PrincipiGoss v. BrownGuerrieri v. BrownHood v. ShinsekiJandreau v. NicholsonLynch v. McOwens v. BrownPolovick v. ShinsekiRodriguez v. PeakeSee Dyment v. WestSee Madden v. GoberShedden v. PrincipiStegall v. WestTirpak v. DerwinskiWallin v. WestWensch v. Principi

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 20.704 (e)38 CFR 3.10238 CFR 3.15938 CFR 3.159 (a)(1)38 CFR 3.30338 CFR 3.303(a)38 CFR 3.303(d)38 CFR 3.310 (b)38 CFR 3.310(a)38 USC 111038 USC 113138 USC 5107(b)

Denial Type

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.