CAVC Case 91-1948: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · August 6, 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
PTSDDepressionAnxietyPsychiatricBackKneeHipTBIGITDIU
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Issues on Appeal
PTSDDepressionAnxietyPsychiatricBackKneeHipTBI
Why It Was Decided This Way
Because the Board failed to provide adequate reasons or bases for its denial of service connection for the cause of the veteran's death and for its conclusion that the veteran was entitled to no more than a 30% evaluation for his service-connected PTSD, and also failed to consider whether the veteran was entitled to a total rating based on individual unemployability, the decision will be vacated and the matter remanded for readjudication consistent with this opinion.
In a decision dated July 19, 1991, the Board denied service connection for the cause of the veteran's death and granted the veteran a 30% evaluation for PTSD for accrued benefits purposes.
In defining what constitutes a "contributory cause of death," VA regulations provide: Contributory cause of death is inherently one not related to the principal cause.
In denying service connection for the cause of the veteran's death, the Board found as fact that "[t]he veteran's death on December 16, 1988, was the overwhelming result of carcinoma of the liver"; that "[c]arcinoma of the liver was not shown in active service, but initially manifested many years thereafter and was not causally related to a service-connected disability"; and that "[t]he service connected disabilities did not contribute materially in producing the veteran's death.
As its reasons or bases for its findings and conclusions, the Board noted: .
If the medical evidence of record is insufficient, or, in the opinion of the BVA, of doubtful weight or credibility, the BVA is always free to supplement the record by seeking an advisory opinion, ordering a medical examination or citing recognized medical treatises in its decisions that clearly support its ultimate conclusions.
Thus, while the Board is not required to accept the medical authority supporting a claim, it must provide its reasons for rejecting such evidence and, more importantly, must provide a medical basis other than its own unsubstantiated conclusions to support its ultimate decision.
In order for the Court to determine whether the BVA's factual findings related to cause of death are clearly erroneous, the Board must ensure that its findings are adequately explained and sufficiently supported by the evidence of record.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Duty To Assist
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