CAVC Case 96-1695: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · October 30, 1998 · 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
PTSDAnxietyPsychiatricBackHeadacheEye
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Issues on Appeal
PTSDAnxietyPsychiatricBackHeadacheEye
Why It Was Decided This Way
The RO declined to reopen the claim, finding that new and material evidence had not been introduced and that PTSD was not noted in the record.
The RO again denied the claim based on a lack of new and material evidence.
Based on other evidence in the claims file, the BVA "considered the apparently missing document related to PTSD to be 'new and material' evidence which served to reopen the claim for service connection for PTSD.
The appellant did not address the issue of the PTSD diagnosis.
In the alternative, the Secretary argues that the claim is not well grounded because there is no clear diagnosis of PTSD and no medical nexus evidence.
Any errors asserted by the veteran are of no significance, it is suggested, because under either scenario there was no duty to assist in the development of this claim.
New and Material Evidence Where a final Board decision exists on a given claim, that claim "may not thereafter be reopened and allowed and a claim based upon the same factual basis may not be considered" by the Board.
The exception to these rules states that "[i]f new and material evidence is presented or secured with respect to a claim which has been disallowed, the 5 Secretary shall reopen the claim and review the former disposition of the claim.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
No Nexus|Not New Material|Preponderance Against|Duty To Assist
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