CAVC Case 90-960: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · September 29, 1992 · MANKIN
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
PTSDDepressionAnxietyPsychiatricBackCervicalKneeHearing LossShoulderHip
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Issues on Appeal
PTSDDepressionAnxietyPsychiatricBackCervicalKneeHearing Loss
Why It Was Decided This Way
Post-traumatic Stress Disorder When a veteran presents a well-grounded claim for service connection, the Secretary has a duty to assist the veteran in developing the facts pertinent to his claim.
While the veteran and service representative requested entitlement to service connection for PTSD and a nervous disorder, among other disabilities, and the Statement of the Case acknowledged that service connection for a nervous disorder was in issue, the BVA failed to address the nervous disorder issue clearly raised in the proceedings below.
The VA's statutory "duty to assist" the veteran under 38 U.
The BVA failed to comply with its duty to assist the veteran when it disregarded the issue of service connection for a nervous disorder, specifically addressed by the VARO as generalized anxiety disorder and specifically raised by the veteran in his Form 1-9 Appeal.
Where a well-grounded claim has been presented, the statutory duty to assist requires the VA to obtain all pertinent medical records which have been called to its attention by the veteran and the evidence of record.
The BVA also failed to address the statements of the veteran, of his family physician of ten years, Dr.
7 The BVA also failed in its obligation to address the credibility of the veteran's testimony, and his sister's and his family physician's statements.
It is the duty of the BVA as the factfinder to determine credibility of the testimony and other lay evidence.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Duty To Assist
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