CAVC Case 95-638: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · April 7, 1999 · KRAMER
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
PTSDPsychiatric
Why It Was Decided This Way
Smith, appeals an April 14, 1995, decision of the Board of Veterans' Appeals (BVA or Board) which determined that no new and material evidence had been submitted to reopen a claim for service connection for a psychiatric disorder.
A May 1988 rating decision and a March 1990 hearing officer's decision determined that no new and material evidence had been submitted to reopen the veteran's claim for service connection for a psychiatric disability.
The Board concluded that the veteran's diagnosed disorder "was not manifested during service, and the stressor causing [PTSD], diagnosed decades after service, occurred prior to service.
The Board concluded that "no new and material evidence ha[d] been presented to reopen a claim for service connection for a psychiatric disorder.
ANALYSIS A claim that is disallowed by the Board may not be reopened and allowed, and a claim based on the same factual basis may not be considered, unless new and material evidence with respect to the claim is presented or secured.
In order for evidence to be sufficient to reopen a previously disallowed claim, it must be both new and material.
By regulation, VA sets forth several criteria that must be met for evidence to be new and material.
The Court generally reviews new-and-material-evidence determinations under the deferential "clearly erroneous" standard of review.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Not New Material
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