Case 25009942: PTSD

DecisionVeterans-appeals decision document (court public records) · July 31, 2025 · Unknown

Outcome
Granted / Denied
Decision Date
July 31, 2025
Judge
Unknown
Service Era
Not specified

Conditions Claimed

PTSDHearing LossTinnitusHipSkinHeartDiabetesEyeErectile DysfunctionProstate

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

PTSDHearing LossTinnitusHipSkinHeartDiabetesEye

Why It Was Decided This Way

At which time, the Board found additional information and evidence had been submitted by the Veteran, which raised additional theories of entitlement to service connection that were never previously developed.

The PACT Act established standards for veterans exposed to toxic exposure risk activities (TERA) and required examinations with nexus opinions to address said exposures when a veteran was to have participated in a TERA.

A veteran is entitled to the benefit of the doubt when the evidence is in approximate balance or "nearly equal," and does not require that the evidence be in exact equipoise.

As noted above, the Veteran's service connection claim for lung cancer stems from a September 2015 rating decision and the February 2025 VA examiner provided a positive direct nexus opinion that the Veteran's lung cancer was related to his exposure to asbestos and jet fuels during active-duty service.

Post-service, a VA examination was conducted in April 2018 which diagnosed the Veteran with CAD however, no nexus opinion was provided.

However, the rationale included citations to medical articles and studies in support of a nexus to service, specifically asbestos exposure and the development of CAD.

In addition, the examiner appears to have cited almost verbatim, the rationale provided for his earlier, February 2025, positive nexus opinion.

For these reasons, the Board finds both the February and May 2025 VA medical opinions to be positive nexus opinions as the intent of the examiner to provide said opinions is clear, and it was only a typo or a mere word choice error that led to the May 2025 use of the phrase "less than".

Authorities Cited

Adams v. CollinsClaim v. NicholsonDavidson v. ShinsekiEvans v. WestGrantham v. BrownIn Sharp v. ShulkinJandreau v. NicholsonJohnson v. CollinsKahana v. ShinsekiLynch v. McParrish v. ShinsekiRobinson v. PeakeSee Combee v. BrownSee Jandreau v. NicholsonSee Layno v. BrownSee Newhouse v. NicholsonSee Scott v. McSee Shedden v. PrincipiSee Stegall v. WestSpicer v. McWalsh v. Wilkie

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.30338 CFR 3.303 (a)38 CFR 3.303 (d)38 CFR 3.303(b)38 CFR 3.30738 CFR 3.30938 CFR 3.309(a)38 CFR 3.309(d)(2)38 CFR 3.309(d)(3)38 CFR 3.309(e)38 CFR 3.31038 CFR 3.31138 CFR 3.311(b)(2)38 USC 111038 USC 111238 USC 111638 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.