Acquired psychiatric disorder decisions — 2006

The Board found that the veteran's claim for service connection for PTSD and Schizophrenia was denied as there is no medical evidence diagnosing PTSD, which is a required element for service connection under VA regulations.

The Board has determined that the veteran's psychiatric disorder, including schizophrenia, is due to a disease process that as likely as not was incurred during his period of active military service. As such, the claim for service connection is granted.

The Board denied service connection for an acquired psychiatric disorder and a left knee disorder, finding no evidence of such conditions in service or to a compensable degree within the first post-service year.

The Board found that the veteran's current psychiatric condition did not have its onset during service or within one year after service and denied his claim for service connection.

The Board has remanded the case for further development and consideration of additional evidence, including a VCAA notice addressing PTSD claims.

The Board has denied the veteran's claim for an increased evaluation for tension headaches, finding that there is no credible evidence of very frequent completely prostrating and prolonged attacks of headaches productive of severe economic inadaptability.

The veteran's left shoulder condition is rated at 10 percent, and his schizophrenia was rated at 30 percent between January 11, 1999, and December 1, 2003. The veteran's schizophrenia has been rated as 50 percent since December 2, 2003.,The veteran's claims for increased ratings were granted, with the left shoulder condition receiving a 10 percent rating and schizophrenia receiving a 50 percent rating from December 2, 2003 onwards. The veteran also received TDIU benefits between January 11, 1999, and December 1, 2003.

The Board found no current psychiatric disorder and concluded that any prior diagnosis was situational and unrelated to service. Therefore, the claim for service connection for a psychiatric disorder is denied.

The Board found that there is no medical evidence of a psychiatric disorder or chronic pain syndrome until approximately 19 years post-service, and thus denied the veteran's claims for service connection.

The veteran's claims for increased ratings and service connection were denied. The right knee disability is rated as 30 percent disabling, with a separate 10 percent rating for arthritis. The dermatological disorder is rated as noncompensably disabling.

The Board finds that the veteran's acquired psychiatric disorder, including PTSD and schizoaffective disorder, is reasonably attributable to service due to aggravation of any pre-existing conditions.

The Board denied the veteran's claims for service connection for alcoholism and psychiatric disability, as well as his claim for an increased evaluation of his right knee disability. The right knee disability was evaluated at a 20% rating.

The Board denied the veteran's claims for service connection for a psychiatric disorder and residuals of a chronic lumbar strain, including herniated lumbar discs, degenerative arthritis of the lumbar spine, lower extremity muscle weakness, and cervical myelopathy at C3-C4, all secondary to his service-connected coccygodynia.

The veteran's service-connected low back disorder and psychiatric disorder make him unable to secure or follow a substantially gainful occupation, warranting a TDIU.

The Board found that the veteran did not have a left knee disability in service or until many years after his separation from service, and thus denied entitlement to service connection for a left knee disability. The claim of whether new and material evidence has been presented sufficient to reopen a claim of entitlement to service connection for a psychiatric disability is also being remanded.

The Board has determined that the cause of the veteran's death, multilobular necrotizing pneumonia, was not incurred or aggravated by service. The preponderance of evidence does not support a finding that the veteran's schizophrenia contributed to his death.

The Board has remanded the case for additional development due to conflicting evidence and lack of definitive opinions regarding the veteran's disabilities resulting from mercury exposure.

The Board of Veterans' Appeals (BVA) has remanded the veteran's claim for service connection for an acquired psychiatric disorder, including schizophrenia. The case is to be reviewed under the legal standard set forth by VAOGCPREC 3-2003 and a psychiatric examination should be conducted.

The veteran's claim for a higher rating and total disability based on individual unemployability was denied, with the effective date of his 100% rating for paranoid schizophrenia set at June 13, 2001.

The veteran's claim for an increased evaluation of his schizophrenia is being remanded due to the submission of new evidence from a private psychiatrist. The case will be returned to the RO for consideration of this additional evidence and issuance of an SSOC.