CAVC Case 92-890: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · August 8, 1994 · 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
PTSDDepressionAnxietyPsychiatricBackHipHeartEye
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Issues on Appeal
PTSDDepressionAnxietyPsychiatricBackHipHeartEye
Why It Was Decided This Way
§ 5108, which requires the Secretary to reopen a previously and finally disallowed claim when "new and material evidence" is presented or secured with respect to that claim.
First, it must determine whether the evidence presented or secured since the prior final disallowance of the claim is "new and material.
Second, if the BVA determines that the evidence is new and material, it must reopen the claim and "evaluate the merits of the veteran's claim in light of all the evidence, both new and old.
Whether evidence is "new and material" is a conclusion of law which this Court reviews de novo under 38 U.
We hold that the recently submitted psychiatric evaluations are new and material.
Once a claim is reopened, the Court reviews the Board's factual findings under the "clearly erroneous" standard of review.
Under the "clearly erroneous" standard of review, "if there is a 'plausible' basis in the record for the factual determinations of the BVA, even if this Court might not have reached the same factual determinations, [the Court] cannot overturn them.
Where, however, the VA determines that the veteran did not engage in combat with the enemy, or that the veteran did engage in combat with the enemy but the claimed stressor is not related to such combat, the veteran's lay testimony, by itself, will not be enough to establish the occurrence of the alleged stressor.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not New Material|Duty To Assist
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