CAVC Case 91-1535: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · · FARLEY
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
PTSDAnxietyPsychiatricBackHipHeadacheHeartGIEyeHypertension
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Issues on Appeal
PTSDAnxietyPsychiatricBackHipHeadacheHeartGI
Why It Was Decided This Way
held that: (1) claims were properly reopened; (2) remand was required for assignment of disability rating for reopened nervous disorder claim; and (3) Board's finding that five-year lapse between manifestation of stomach disorder and diagnosis was unreasonable was clearly erroneous.
The Board found that the veteran had submitted new and material evidence in support of both claims, and thus the Board stated that it would "review his claim on a de novo basis".
As to the psychiatric claim, the Board found that there was no objective evidence of treatment for anxiety until 1985, "many years after service".
The Board denied the claim, noting the findings of the September 1990 examination which had showed that the veteran had "a very successful life" with regard to his work and relationships with others.
§ 5108 (West 1991), a previously and finally disallowed claim must be reopened by the Secretary when "new and material evidence" is presented or secured with respect to that claim.
The determination as to whether evidence is "new and material" is a question of law, which this Court reviews de novo under 38 U.
First, the Board must determine whether the evidence presented or secured since the prior final disallowance of the claim is "new and material".
The Court holds that the Board correctly determined that the veteran had submitted new and material evidence as to both claims.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material
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