Acquired psychiatric disorder decisions — 2008

The Board has determined that new and material evidence has not been received to reopen the veteran's claim for service connection for an acquired psychiatric disorder. The additional medical records submitted since the last denial do not provide a clear etiology of his current condition.

The Board found that the veteran's psychiatric disability was not incurred in or aggravated by his active duty service and denied his claim.

The Board denied an earlier effective date for the grant of service connection for schizophrenia, finding that the veteran's claim was received on December 22, 2003, and thus the earliest possible effective date is December 22, 2003.

The Board has decided to remand the case for further development, including obtaining SSA records and scheduling a VA psychiatric examination.

The veteran's service-connected psychiatric disability, characterized by seizures, is now rated at 100 percent. As a result, the issue of entitlement to TDIU is moot.

The Board denied the veteran's claims for service connection for PTSD, entitlement to a total disability rating based on individual unemployability (TDIU), and entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance of another person (A&A) or being housebound.

The Board has determined that there was clear and unmistakable error in the September 1988 rating decision denying service connection for schizophrenia, as the veteran's condition is causally related to active service.

The Board has remanded the case for further development due to inadequate VA examination reports and other issues.

The Board found that HIV infection did not occur during the veteran's active duty service from April 1972 to November 1973, and is not shown to be related to this period of service. The psychiatric disability was also not shown to have occurred during ACDUTRA or to be related to service. Therefore, service connection for both conditions is denied.

The veteran's claim for an increased rating for his service-connected IVDS of the thoracolumbar spine was denied, and he also had his secondary psychiatric disorder claim denied. The TDIU issue is addressed in the REMAND portion of this decision.

The Board has reopened the veteran's claim for service connection for an acquired psychiatric disability other than PTSD and granted service connection for a back disability. However, the service connection for PTSD was denied.

The Board has determined that a mental disorder was not incurred in or aggravated by active duty and the incurrence or aggravation of a psychosis during such service may not be presumed. As a result, the claim for service connection is denied.

The veteran's migraine headaches are currently evaluated at 50 percent, the maximum schedular rating available under Diagnostic Code 8100. No higher evaluation is warranted.

The Board denied the veteran's claims for service connection for a heart disability and a psychiatric disability secondary to a heart disability, finding that there was no evidence linking these conditions to his active service.

The Board has reopened the veteran's claim and determined that new evidence supports a finding of service connection for low back disability, cervical spine disorder, hip disorder, left hand nerve damage, generalized arthritis, hypertension, psychiatric disorder, bilateral knee disability, digestive disorder, and foot disability. The conditions are presumed to have been aggravated by service.

The veteran's appeal has been dismissed due to his request for withdrawal of the appeals with regard to the claims for service connection for residuals of back surgery and an acquired psychiatric disability other than PTSD.

The Board has reopened the claims for service connection for acquired psychiatric disorder and varicose veins, but denied them on their merits. The veteran's claim for acquired psychiatric disorder is related to his military service, specifically ACDUTRA in 1979, while the claim for varicose veins is not directly linked to any specific exposure or service.

The Board denied the veteran's claims for service connection for a back disability, lower extremity disability, and pension benefits due to lack of evidence linking these conditions to his military service. The veteran was found not permanently and totally disabled from non-service connected disabilities.

The Board has determined that further examination and development are needed to determine if the veteran's acquired psychiatric disorder is proximately due to or the result of his service-connected right shoulder disability.

The veteran's claim for an initial rating higher than 60 percent for paranoid schizophrenia is being remanded due to the need for additional development and consideration of evidence, including pre-service records.