CAVC Case 92-1130: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · November 7, 1995 · 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
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Issues on Appeal
PTSDPsychiatricEye
Why It Was Decided This Way
In the 1992 decision that is now before us on appeal, the BVA determined that no "new and material" evidence had been submitted to warrant reopening the claim, and that its previous decision in 1988 was not predicated on obvious error.
§ 5108, the Secretary must reopen a previously and finally disallowed claim when "new and material" evidence is presented with respect to that claim.
Whether evidence is "new and material" is a question of law which this Court reviews de novo.
523, 528-29 (1994) stated, that in determining whether new and material evidence exists all relevant evidence submitted after the last final decision on the merits must be considered, the Court concludes that there is no new and material evidence even if all the evidence submitted since the 1980 BVA decision is considered.
hospitalized for mental illness within one year after his discharge from service, (2) breached its duty to assist by not obtaining medical records from White County Hospital and by not conducting a specialized psychiatric examination of the appellant, and (3) failed to apply the provisions of 38 C.
The appellant also asserts that the BVA breached its duty to assist by failing to obtain independent medical evidence analyzing the possible connection between the appellant's mental problem for which he was hospitalized in service and his subsequent diagnosis of schizophrenia, and that his schizophrenia was misdiagnosed in service as a personality disorder.
Although unsuccessful in the effort to obtain the White County medical records, the Secretary fulfilled any duty to assist that may have been owed, and to explain his actions pertaining thereto.
377, 384 (1994), a breach of the duty to assist cannot form the basis of a CUE claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material|Duty To Assist|Cue
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