CAVC Case 92-976: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · December 20, 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
PTSDDepressionAnxietyPsychiatricBackHipHeartEye
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Issues on Appeal
PTSDDepressionAnxietyPsychiatricBackHipHeartEye
Why It Was Decided This Way
Duty to Assist/Reasons or Bases Requirements Section 5107(a) of title 38 of the United States Code provides that "a person who submits a claim for benefits under a law administered by the Secretary shall have the burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that the claim is well grounded.
Where, however, the VA 9 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.
Further, the BVA must provide adequate reasons or bases for its finding, including a clear analysis of the evidence which it finds persuasive or unpersuasive with respect to that issue.
Breach of the Statutory Duty to Assist The BVA found that appellant's claim for service connection for PTSD was well grounded and that the VA had satisfied its duty to assist appellant in developing the claim.
Contrary to its findings in its decision, however, the BVA did not carry out its statutory duty to assist.
In failing to accept appellant's offer and to afford him the opportunity to respond to the ESG's request for additional information, the VA breached its statutory duty to assist appellant in developing his claim.
The breach of the duty to assist takes on additional significance in the context of this appeal because the BVA did not make a specific factual finding as to whether or not appellant was "engaged in combat with the enemy.
Appellant is reminded that "[t]he duty to assist is not always a one-way street.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Duty To Assist
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