Acquired psychiatric disorder decisions — 2000

The veteran's claim for an increased rating for his acquired psychiatric disorder, to include alcoholism, is being remanded due to the need for additional development including obtaining VA medical records and a new examination. The case will be reviewed again by the Board after these steps are completed.

The Board has determined that the veteran's claim for service connection for an innocently acquired psychiatric disorder is denied as a well-grounded claim has not been presented.

The Board has determined that the claim of entitlement to service connection for PTSD is well grounded and remanded for additional development. The veteran's psychiatric disorder, including PTSD, was found to be related to his service in Vietnam.

The VA has determined that the veteran's schizophrenia warrants a 100% rating since May 22, 1992, based on total social and industrial inadaptability.

The veteran's appeal to establish service connection for an acquired psychiatric disorder, including schizophrenia, has been withdrawn by the appellant.

The Board denied the veteran's claims for service connection and reopening of a claim due to lack of new and material evidence, based on existing laws and regulations.

The veteran's internment in Switzerland was not considered comparable to detention by an enemy government, and therefore he does not meet the criteria for former POW status for VA purposes.

The veteran's claims for service connection for psychiatric disability, to include PTSD, and substance abuse are being remanded due to incomplete or insufficient evidence. The case will be returned to the Board after additional development including a VA examination.

The Board denied the veteran's claim for service connection of a psychiatric disability to include PTSD and also denied his request for waiver of recovery of an overpayment of improved pension benefits in the amount of $1,458 due to fault on his part.

The Board denied the veteran's claims for an increased disability rating for her service-connected schizophrenic reaction, paranoid type and a total disability rating based on individual unemployability. The evidence showed that her condition had resolved with essentially no pertinent pathology.

The Board found that the submitted evidence was not new and material, thus denying the reopening of claims for service connection for right ankle disorder, low back disorder, acquired psychiatric disorder, right wrist disorder, and right knee disorder.

The veteran's claims for service connection are granted, with the conditions being related to undiagnosed illnesses and reopening of his claims based on new evidence.

The veteran's claim for service connection for schizophrenia was reopened and granted effective from May 23, 1991. The appeal is granted to this extent.

The VA determined that the veteran's schizophrenia, undifferentiated type, does not meet the criteria for a higher rating as it does not demonstrate significant impairment in most areas such as work, school, family relations, judgment, thinking or mood.

The VA denied the claim for service connection for an acquired psychiatric disorder, finding that there is no competent evidence to relate any current psychiatric disability to the appellant's period of active duty.

The Board has determined that the veteran's claim for service connection for a psychiatric disability on a secondary basis is not well-grounded.

The veteran's death was not caused by his own willful misconduct, and he was in receipt of total disability compensation for schizophrenia at the time of his death. However, he did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he had not been rated as totally disabled continuously since release from active duty or for a period of 10 years immediately preceding death.

The veteran's overpayment of VA compensation benefits is partially waived due to fault on his part, while the remaining amount is not waived as it would result in unjust enrichment.

The Board has determined that the veteran's current psychiatric disability was not incurred in or aggravated by service, and is more likely due to substance abuse. Therefore, the claim for service connection for psychiatric disability is denied.

The Board has reopened the veteran's claim of service connection for schizophrenia due to new evidence submitted since the last denial in 1984. The case is now remanded for further development and a de novo review.