CAVC Case 90-1306: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · April 28, 1993 · NEBEKER, Chief Judge
This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
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)
| Rating | Monthly (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 |
Conditions Claimed
PTSDDepressionAnxietyPsychiatricBackHearing LossHipHeadacheHeartEye
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Issues on Appeal
PTSDDepressionAnxietyPsychiatricBackHearing LossHipHeadache
Why It Was Decided This Way
chronic psychiatric disorder, panic disorder, was first manifested many years after service and is not related to service.
In the "ITEMS RELATING TO PRESENT APPELLATE STATUS" section of its decision, the Board noted that it was limiting its consideration and decision to the issue of service connection for PTSD as the issue of service connection for panic disorder had not been developed for appellate review.
In a decision dated November 26, 1991, the Board denied appellant's claims for entitlement to service connection for PTSD and for panic disorder.
Duty to Assist At the outset of its decision, the BVA found that appellant's claims for service connection for PTSD and a panic disorder were well grounded, triggering the VA's duty to assist appellant in developing his claims, and that "this duty ha[d] been substantially fulfilled.
After careful examination of the evidence of record, this Court is convinced that the VA adequately fulfilled its duty to assist appellant in developing his claims for service connection for both PTSD and a panic disorder.
The question of whether or not the VA has fulfilled its duty to assist will not be judged in a vacuum; in deciding the issue, this Court will focus on several factors, including the VA's access to the necessary information and the attempts made by the VA to obtain relevant information, as well as the cooperation of the veteran in providing information within his control.
As this Court noted in Wood, supra: The duty to assist is not always a one-way street.
Based on our review of the record and in consideration of (1) the information at the VA's disposal, (2) the VA's attempts to obtain all necessary information, and (3) the limited information provided to the VA by appellant, we find that the VA satisfactorily fulfilled its duty to assist appellant in developing his claims for service connection for both PTSD and a panic disorder.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Preponderance Against|Duty To Assist
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