Acquired psychiatric disorder decisions — 2013

The Board found that the Veteran's acquired psychiatric disorder, other than mood disorder, to include PTSD, did not have its clinical onset in service and is not otherwise related to active duty. The claim was denied.

The Board has remanded the appeal for additional development due to a need for another medical opinion regarding service connection claims.

The Veteran's request for a hearing before the Board has been confirmed, and this case is being remanded to schedule that hearing.

The Board has remanded the case for additional development, including a search of sick and morning reports using Code M05 to find service treatment records. The Veteran's claim for PTSD based on personal assault is also addressed with VCAA notification.

The Board found that the Veteran's acquired psychiatric disorder is not related to his service-connected skin disabilities and denied both claims for service connection and TDIU.

The Veteran's claim for service connection for an acquired psychiatric disability, including PTSD and delusional disorder, was denied as the evidence did not support a finding of a current disability that had its onset in or is otherwise associated with service.

The Board granted the Veteran's claims for service connection for right foot disability, left foot disability, psychiatric disability other than PTSD, right knee disability, stomach disability, and left shoulder disability. The initial ratings for left knee instability and degenerative joint disease were also granted.

The Veteran's claim for service connection for schizophrenia was denied as he failed to appear for a scheduled VA examination.

The Veteran's sleep apnea was not incurred in or aggravated by service, and it may not be presumed to have been incurred during service.,As the Veteran's claimed sleep degradation/deprivation/insomnia is already rated under his service-connected psychiatric disability, the appeal for service connection for this complaint is dismissed.,The criteria for an initial disability rating of 30 percent, but no more, for an acquired psychiatric disorder have been met throughout the appeal period.,The Veteran's right knee disability has not been productive of flexion less than 45 degrees, extension greater than zero, or lateral instability or subluxations; but it has been productive of less than full flexion and pain on motion throughout the appeal.,The criteria for an initial disability rating higher than 10 percent for migraine headaches have not been met at any time during the appeal period.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 50 percent for sinusitis beginning November 17, 2011, is dismissed.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 10 percent for allergic rhinitis beginning November 17, 2011, is dismissed.,The criteria for a rating of 50 percent for sinusitis from May 2, 2007, to November 17, 2011, are met; and the criteria for a rating of 10 percent, but no more, for allergic rhinitis from May 2, 2007, to November 17, 2011, are met.

The Board has granted service connection for a depressive disorder, not otherwise specified, as secondary to the Veteran's service-connected left ankle disability. The claim for PTSD and other acquired psychiatric disorders remains denied.

The Board has determined that the Veteran does not meet the criteria for a special monthly pension based on aid and attendance due to lack of legal benefit under VA regulations. The service connection claim for an acquired psychiatric disorder, including PTSD, is being remanded for further development.

The Veteran's claims for service connection for an acquired psychiatric disorder, bilateral tinea pedis, tinea cruris, and asbestosis have all been denied. The Board found that there was no credible evidence of in-service stressors related to fear of hostile enemy activity, no verified exposure to herbicides or asbestos during service, and insufficient medical evidence linking the current conditions to service.

The Veteran's active psychotic manifestations of paranoid schizophrenia during the specified periods produced complete social and industrial inadaptability, warranting a 100% rating.

The Veteran's appeal is being remanded to the RO for scheduling a Board video-conference hearing. The claims of service connection for a psychiatric disorder and erectile dysfunction will be further evaluated.

The Veteran's schizophrenia resulted in total social and industrial inadaptability, warranting a 100% disability rating effective September 30, 1994.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, is being remanded due to the need for additional development and examination.

The Board has determined that the Veteran's right foot and psychiatric disabilities did not have their onset during service or are otherwise related to her active duty. As such, service connection for these conditions is denied.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO. The issues of service connection for a back disorder and an acquired psychiatric disorder, to include PTSD, are pending.

The Veteran's claim for a TDIU is moot as he has been granted a 100% schedular rating and special monthly compensation under 38 U.S.C.A. § 1114(s). The appeal of the psychiatric disorder claims is also dismissed as they are encompassed within his now service-connected psychiatric disorder.

The Veteran's claim for service connection for an acquired psychiatric disorder including PTSD was denied as the evidence did not establish a current disability and there was no link between his claimed in-service stressors and his diagnosed conditions.