CAVC Case 95-395: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · June 9, 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.
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
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Issues on Appeal
PTSDBackHeadacheEye
Why It Was Decided This Way
Suozzi, appeals a January 7, 1993, decision of the Board of Veterans' Appeals (BVA or Board) which found that new and material evidence sufficient to reopen his claim for service connection for post-traumatic stress disorder (PTSD) had not been submitted.
Upon consideration of the record on appeal and the briefs of the parties, the Court will reverse the Board's decision and remand the matter, because new and material evidence was presented which corroborates the appellant's account of events which, according to his physicians, ultimately led to his PTSD.
The Board denied his claim in May 1989, stating that in order to grant "service connection for [PTSD], the evidence of record must show that the veteran was exposed to a verifiable stressor during service" however "[i]n the absence of documentation verifying claims initially made more than 20 years after the alleged events, service connection for [PTSD was] not warranted.
In the January 1993 BVA decision here on appeal, the Board affirmed the RO's finding that new and material evidence had not been presented.
As to the radio log, the Board concluded that while the veteran's company had been under attack, "there is no indication that the veteran was involved in this attack, and certainly no support for his contention that he handled the radio operations, prepared a runway, bagged and identified bodies, or was otherwise integrally involved with the sequence of events.
ANALYSIS The determination of whether evidence is "new and material" is a question of law that this Court reviews de novo.
must be of sufficient weight or significance (assuming its credibility) that there is a reasonable possibility that the new evidence, when viewed in the context of all the evidence, both new and old, would change the outcome.
); (2) credible supporting evidence 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.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Not New Material
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