Acquired psychiatric disorder decisions — 2011

The Board has reopened the Veteran's claim for service connection for an acquired psychiatric disorder, specifically PTSD. The evidence submitted since April 1997 is considered new and material as it confirms a current diagnosis of PTSD related to in-service stressors involving mortar fire exposure. As such, the Veteran's claim for service connection for PTSD is granted.

The Board found that the appellant's character of discharge from service was under other than honorable conditions due to a pattern of misconduct, and thus constitutes a bar to VA benefits.

The Board has granted service connection for the Veteran's acquired psychiatric disorder, including PTSD. The decision is based on evidence that meets the direct service connection criteria.

The Veteran's claim of TDIU is being remanded for further development, including a determination on service connection for an acquired psychiatric disorder and another VA examination to assess his employability due to service-connected disabilities.

The Board denied the Veteran's claim for service connection for a psychiatric disability, including PTSD. The decision is based on the evidence of record and the lack of specific records from Dr. K.A.P.

The Veteran's service records confirm he served in Vietnam and experienced enemy gunfire, mortar attacks, and artillery attacks. His lay testimony alone may establish the occurrence of the claimed in-service stressors under the new liberalizing regulation for PTSD. The VA examiner concluded that the Veteran did not meet the diagnostic criteria for a current Axis 1 diagnosis of PTSD, but Dr. R.M., psychologist, opined that he has a diagnosis of PTSD due to his in-service stressors. Therefore, the Board finds in favor of granting service connection for PTSD.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining Social Security Administration records and any pertinent VA or private medical records.

The Board has decided to remand the case for further development of the record, including obtaining private mental health treatment records.

The Veteran's claim of service connection for an acquired psychiatric disability, including PTSD, is being remanded due to the need to verify a claimed stressor and obtain mental health treatment records. A VA examination will also be conducted.

The Board found that the Veteran's service records do not show any treatment for mental health issues during his active duty. The VA examination revealed no symptoms of PTSD and the Veteran did not meet the criteria for this diagnosis.

The Veteran's claim for service connection for PTSD was denied as there is no verified stressor and a current diagnosis of PTSD. The other issues were not addressed due to the lack of a diagnosed condition.

The Board has determined that the evidence submitted since the November 1989 rating decision does not relate to an unestablished fact necessary to substantiate the claim of entitlement to service connection for a psychiatric disorder, including schizophrenia. Therefore, the claim is denied.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining updated VA treatment records and private dental records. She is also required to undergo a VA examination to determine the relationship between her current bilateral knee disorder and in-service motor vehicle accident, as well as whether she has an acquired psychiatric disorder related to her bilateral knee disorder or service. Additionally, she must be examined for residuals of dental trauma.

The Veteran's claim for an earlier effective date for the grant of additional compensation for aid and attendance for his spouse is denied as it does not meet the legal criteria.

The Board has determined that the Veteran's tinnitus was not incurred in or aggravated by service, and therefore denied his claim for service connection.

The Board has remanded the case for additional development, including obtaining SSA records and VA treatment records, as well as providing a VA examination to determine the nature and etiology of any acquired psychiatric disorder. The Veteran's service connection claim will be reconsidered based on the newly obtained evidence.

The Board denied service connection for all claimed conditions, including acquired heart disease, COPD, neck disability, back disability, and psychiatric disorder. The reasons were that the evidence did not support a finding of in-service incurrence or aggravation of these conditions.

The Board has remanded the Veteran's claim for additional development, including obtaining VA treatment records from 2001 to present. The case will be returned to the Board after this development is completed.

The Board granted the Veteran's petition to reopen his claims for service connection for bilateral hearing loss, hypertension, diabetes mellitus, and a skin disease. The claim for service connection for a psychiatric disability was not addressed as it is related to another issue.

The Board has decided that the Veteran's claim for service connection for an acquired psychiatric disorder, including posttraumatic stress disorder (PTSD), is remanded due to insufficient evidence regarding the in-service personal assault and its impact on his current condition. The case will be further examined with a focus on corroborating evidence of behavior changes after the alleged incident.