Acquired psychiatric disorder decisions — 2001

The Board has remanded the case for further development due to new requirements under the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's claim for service connection for an acquired psychiatric disability, including post-traumatic stress disorder, finding that no such condition was incurred in or aggravated by active service and that the service incurrence of psychosis may not be presumed.

The Board denied service connection for a psychiatric disorder in 1996 due to lack of evidence linking the post-service diagnoses to service. The veteran's representative argues that CUE was committed because the presumption of soundness should have been applied, but the Board found no evidence connecting the current diagnoses to service.

The Board has reopened the veteran's claim for service connection for an acquired psychiatric disability, to include PTSD, and finds that new and material evidence has been submitted. The Board also concludes that the veteran did not engage in combat with the enemy or have a confirmed inservice stressor, and thus cannot establish service connection based on such. However, the Board determines that the veteran's acquired psychiatric disorder is not shown to be related to active duty.

The veteran's schizophrenia is rated at 100 percent, and he has been granted a total disability rating based on individual unemployability due to service-connected disability. The liver damage claim under 38 U.S.C.A. § 1151 remains pending.

The Board has dismissed the veteran's appeal as he did not file a timely appeal for an earlier effective date for the award of service connection for schizophrenia.

The Board denied the veteran's claim of service connection for a psychiatric disorder, finding that there was no evidence linking his current psychiatric conditions to military service.

The Board has determined that new and material evidence was submitted to reopen the claim of service connection for psychiatric disability, including bipolar disorder. However, the Board also found that the claim is not well-grounded. The case is being remanded for further development under the Veterans Claims Assistance Act of 2000.

The Board granted service connection for schizophrenia, but did not assign an effective date earlier than July 5, 1994.

The veteran's bilateral hearing loss and psychiatric disorder are found to be service-connected due to in-service noise exposure and stress, respectively.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection of a psychiatric disorder, which was previously denied in June 1987. The reopened claim is granted.

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

The Board denied the veteran's claims for service connection for a gastrointestinal disorder, lung disorder, and psychiatric disorder. The decision also determined that new and material evidence had not been received to reopen his claims for these disorders.

The Board has remanded the case due to ambiguities in the medical opinion and new legal requirements under the Veterans Claims Assistance Act of 2000.

The Board of Veterans' Appeals (Board) has determined that the October 5, 1961 decision incorrectly applied the law and regulations to the facts of the case, resulting in an erroneous denial of restoration of service connection for a neuropsychiatric disorder and pes planus. The Board now concludes that this decision involved clear and unmistakable error.

The Board has decided that new and material evidence has not been submitted to reopen the veteran's claim for service connection for an acquired psychiatric disorder. The case is remanded due to a procedural issue regarding the timing of hearings.

The Board determined that new and material evidence to reopen the claim for schizophrenia has not been submitted, based on the existing evidence from service and post-service treatment records.

The veteran's appeal has been dismissed due to his death.

The Board found that the veteran's diagnosed psychiatric disorders are not related to service and concluded that service connection for an acquired psychiatric disorder is denied.

The Board denied the veteran's motion for a total rating based on individual unemployability, concluding that his combined service-connected disabilities did not prevent all forms of gainful employment.