Acquired psychiatric disorder decisions — 2001

The veteran's claim for an increased rating for schizophrenia is being remanded due to the need for additional medical records and a current VA examination.

The Board's April 1995 decision denying the veteran's attempt to reopen a previously denied claim for service connection for a psychiatric disorder has been superseded by a court of competent jurisdiction, and thus the Board does not have jurisdiction to revise this decision on grounds of clear and unmistakable error.

The veteran is seeking an earlier effective date for the award of service connection for schizophrenia. The RO has not addressed whether there was clear and unmistakable error in a previous October 1974 rating decision, nor have they considered the impact of the Veterans Claims Assistance Act of 2000 on his case.

The Board denied the veteran's claims regarding a March 1967 rating decision reducing his schizophrenia disability rating from 100 to 70 percent and denied entitlement to an earlier effective date for a 100 percent rating.

The Board found no new and material evidence to reopen the claim of willful misconduct for injuries sustained in August 1978. The veteran's statements regarding excessive force during his arrest were not considered material, as they did not show that any injuries he sustained were not due to his own willful misconduct.

The Board has dismissed the appeal due to the veteran's death.

The Board has remanded the case due to changes in the law brought about by the Veterans Claims Assistance Act of 2000, requiring additional development and consideration.

The veteran is seeking service connection for a psychiatric disorder, including PTSD. The Board has determined that additional development is needed to verify the stressors and determine if any current psychiatric disorders are related to military service.

The Board has granted service connection for left knee and right leg disabilities as secondary to the veteran's service-connected back disability, but denied service connection for a psychiatric disability as secondary to service-connected disabilities.

The Board denied the veteran's request to reopen his claim of service connection for a psychiatric disorder, finding that new and material evidence had not been submitted.

The veteran's appeal is being remanded due to the need for additional development and notification. The issues of service connection for a psychiatric disability, including PTSD, and an increased rating for residuals of burns of the ears, neck, and right hand are pending.

The veteran's psychiatric disability, diagnosed as an adjustment disorder and generalized anxiety disorder, has been found to be aggravated by his service-connected low back disability. This finding warrants the grant of service connection for the psychiatric disability.

The Board denied the veteran's claims for service connection for various conditions, finding that new and material evidence had not been submitted to reopen these claims.

The Board denied reopening of the claim for service connection for schizophrenia, finding that no new and material evidence had been presented.

The Board has granted the veteran's claim of service connection for chronic acquired psychiatric disability, finding that it is a direct service connection case and not based on any presumption or new evidence.

The veteran's service-connected paranoid schizophrenia is rated at the highest schedular evaluation of 100 percent, effective from the date of the March 1996 rating decision.

The Board has determined that the veteran's schizophrenia, paranoid type, warrants a 10 percent evaluation since November 6, 1990 and remains at 10 percent since October 28, 1991.

The Board has determined that the veteran's psychiatric disability is more than likely secondary to his service-connected low back disability and grants this claim.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for an acquired psychiatric disability, claimed as schizophrenia. The claim is granted.

The Board has remanded the case due to insufficient evidence regarding the veteran's claimed psychiatric disabilities, including PTSD. The RO is instructed to obtain additional medical records and lay statements from the veteran and her roommates in service.