CAVC Case 93-228: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · March 8, 1994 · 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
PTSDPsychiatricHipHeartEyeRadiculopathy
Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.
Issues on Appeal
PTSDPsychiatricHipHeartEyeRadiculopathy
Why It Was Decided This Way
Additionally, "the Board failed to consider and discuss lay evidence of appellant's apparent personality change pre- and post-service," and "fail[ed] to provide reasons or bases for its rejection of the veteran's own testimony.
In a decision dated March 5, 1993, the BVA determined that (1) the evidence received by the VA since the Board denied entitlement to service connection for a psychoneurosis in September 1976 was both new and material and that, accordingly, the claim for service connection for a psychoneurosis, to include PTSD, would be reopened; (2) appellant's psychoneurosis preexisted active service and the presumption of sound condition at enlistment had been rebutted; (3) the preservice neurosis was not aggravated during service; and (4) service connection for PTSD was not warranted.
Analysis As a threshold matter, this Court concludes, as a matter of law, that the evidence received by the VA since the final September 1976 decision by the regional office (RO) is new and material and that the Board properly reopened appellant's claim for service connection for a psychoneurosis.
171, 174 (1991) (determination whether evidence submitted to reopen a previously disallowed claim is new and material under 38 U.
In practical terms, under the "clearly erroneous" rule, this Court is not permitted to substitute its judgment for that of the BVA on issues of material fact; 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, we cannot overturn them.
The BVA must also assess the credibility of and weight to be given to an appellant's own testimony; it is not enough to simply "state[] that it ha[s] 'considered' it", Ashmore v.
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 .
The Board neither provided an analysis of the credibility of many of the lay statements regarding appellant's personality and behavioral changes pre- and post- service, nor articulated its reasons or bases for rejecting such evidence.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Not New Material
Find Similar Precedent for Your Claim
VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.
Run my claim through VetAid →