CAVC Case 94-764: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · April 29, 1997 · HOLDAWAY
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
PTSDDepressionBackHipAnkleHeartRespiratoryTDIURadiculopathyHypertension
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Issues on Appeal
PTSDDepressionBackHipAnkleHeartRespiratoryTDIU
Why It Was Decided This Way
In a December 1987 decision, the Board denied the § 351 DIC claim, finding that the "veteran's death was irrespective of the treatment provided and any factor arising from the treatment 6 was a foreseeable result of approved treatment" and (citing, inter alia, 38 C.
In a separate December 1987 decision, the Board denied the appellant's claim for accrued benefits based on TDIU due to service-connected disabilities.
The Board found that the veteran's service-connected disabilities were: Residuals of a partial small bowel resection; residuals of an abdomen shell-fragment wound (SFW), involving Muscle Group XIX; residuals of a right testicle removal; a bladder laceration; laceration of the urethra; left nephrolithiasis; and residuals of large bowel surgery.
In March 1989, the RO denied those claims, finding no new and material evidence warranting a reopening.
A June 1991 Board decision found that the evidence newly presented since the Board's December 1987 decision was new and material and thus warranted reopening as to the appellant's § 351 DIC claim; the Board decision awarded DIC.
In the July 1, 1994, BVA decision here on appeal, the Board denied: (1) Reopening as to the accrued-benefits TDIU claim; (2) § 1310 DIC after having reopened as to that claim; (3) entitlement to burial benefits; and (4) entitlement to an effective date earlier than May 1, 1988, for the award of § 1151 DIC.
The Board proceeded to find that new and material evidence had not been submitted since the time of the Board's December 1987 decision disallowing the claim for accrued benefits based on TDIU, and denied reopening.
The Board noted the veteran's service-connected disabilities but did not mention his kidney condition as one of them for purposes of the TDIU claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not New Material|Duty To Assist
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