CAVC Case 94-661: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · March 7, 1997 · 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.

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RatingMonthly (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
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100%$3,938.58
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Outcome
Denied / Reversed / Vacated
Decision Date
March 7, 1997
Judge
NEBEKER, Chief Judge
Service Era
Not specified

Conditions Claimed

PTSDDepressionAnxietyPsychiatricBackHipHeartEye

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Issues on Appeal

PTSDDepressionAnxietyPsychiatricBackHipHeartEye

Why It Was Decided This Way

In order to conduct meaningful research, the veteran must provide the "who, what, where[,] and when" of each stressor.

The Board concluded that an acquired psychiatric disorder was not present during service or within one year following the veteran's separation from service.

A well-grounded service-connection claim generally requires medical evidence of a current disability; medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and medical evidence of nexus between an in-service injury or disease and a current disability.

Where the determinative issue involves either medical etiology (such as with respect to a nexus between a current condition and an in-service disease or injury) or a medical diagnosis (such as with respect to a current disability), competent medical evidence is generally required to fulfill the well-grounded-claim requirement of section 5107(a) that the claim be "possible" or "plausible".

in a PTSD case is the equivalent of in-service incurrence or aggravation; and medical evidence of a nexus between service and the current PTSD disability.

This medical evidence of a generalized connection between the veteran's PTSD and his war experiences 11 is sufficient to provide the requisite medical evidence of a nexus between service and a current disease that is necessary under Caluza to well ground a PTSD claim.

idence that the claimed in-service stressor actually occurred; and (3) medical evidence of a causal nexus between current symptomatology and the specific claimed in-service stressor.

Only when there is, as there was in this case, a medical opinion as to the first (an unequivocal, current PTSD diagnosis) and third (nexus of current symptomatology to claimed in-service stressor) § 3.

Authorities Cited

Austin v. BrownClarkson v. BrownCollette v. BrownDoran v. BrownEdenfield v. BrownFletcher v. DerwinskiFugere v. DerwinskiGabrielson v. BrownGilbert v. DerwinskiGrottveit v. BrownHare v. DerwinskiHatlestad v. DerwinskiHayes v. BrownHeuer v. BrownJensen v. BrownKing v. BrownLizaso v. BrownMasors v. DerwinskiMassey v. BrownMaurer v. United StatesMoreau v. BrownMorton v. RuizMurincsak v. DerwinskiMurphy v. DerwinskiOhland v. DerwinskiQuarles v. DerwinskiRagin v. Harry Macklowe Real Estate CoSee Allday v. BrownSee Caluza v. BrownSee Colvin v. Derwinski

Regulations Cited (38 CFR / 38 USC)

38 CFR 1.551(c)38 CFR 20.1304(c) (1996)38 CFR 3.102 (1996)38 CFR 3.158 (1988)38 CFR 3.159 (1996)38 CFR 3.303(a)38 CFR 3.30438 CFR 3.304(d) (1996)38 CFR 3.304(f)38 CFR 3.304(f) (1996)38 CFR 3.30638 CFR 4.12538 CFR 4.125 (1989)38 CFR 4.12638 CFR 4.126 (1996)38 CFR 4.13038 CFR 4.238 USC 1154(a)38 USC 1154(b)38 USC 35

Denial Type

Credibility|No Nexus|Duty To Assist

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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.