Acquired psychiatric disorder decisions — 2015

The Veteran's claim for an initial rating in excess of 50 percent for her service-connected acquired psychiatric disorder is being remanded due to the need for further examination and clarification of the nature and severity of her disability.

The Veteran's acquired psychiatric disorder, bilateral hearing loss, and bilateral plantar warts are all found to be related to his military service.

The Board has ordered additional development to obtain private treatment records and VA treatment records, as well as arrange for new examinations. The Veteran's claims will be readjudicated after the completion of these tasks.

The Board has remanded the case for further development, including verification of a reported stressor and another VA mental disorder/PTSD examination. The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, is pending.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA treatment records. A new VA examination will also be conducted to assess the current status of his neuropsychiatric condition. The TDIU claim will also be addressed on remand.

The Board found no current psychiatric disability other than PTSD and denied the claim as there was no diagnosis of PTSD.

The Board found clear and unmistakable error (CUE) in the termination of benefits for the Veteran's service-connected psychiatric disability between June 1, 1968 and November 12, 1970. The retroactive restoration of benefits was established at 100 percent disabling from June 1, 1968 to February 18, 1971; the previously assigned 30 percent evaluation was continued from February 19, 1971.

The Board has reopened the Veteran's claim for service connection for an acquired psychiatric disorder and finds that new and material evidence has been received. The issues of service connection for various other conditions due to undiagnosed illness or other qualifying chronic disabilities have also been addressed.

The Board finds that the Veteran's current low back disability is at least as likely as not related to his service, specifically a strain injury during service. As for the acquired psychiatric disorder, the Board notes diagnoses of major depressive disorder and adjustment disorder with depressed mood but does not reconcile these findings in the March 2015 VA examination report. The Veteran's representative has raised a secondary service connection theory.

The Board has determined that the Veteran does not have a current diagnosis of sleep apnea, headache disorder, or an acquired psychiatric disorder. The service treatment records do not show any complaints or diagnoses related to these conditions during active duty. The medical evidence shows that the Veteran was diagnosed with sleep apnea in 2012 and no nexus has been established between her current conditions and service.

The Board has remanded the case due to insufficient verification of a stressor related to PTSD. The Veteran's claim will be reviewed with additional information from the U.S. Army and Joint Services Records Research Center (JSRRC).

The Veteran meets the percentage requirements for TDIU as he has one service-connected disability rated at 60 percent or more and his combined service-connected disabilities are rated at 90 percent. The evidence demonstrates that the Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation.

The Board has remanded the case to develop additional evidence and provide a new VA psychiatric examination.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the evidence did not support higher ratings or service connection for his claimed conditions.

The Board has expanded the claim to include all acquired psychiatric disabilities and the issue has been recharacterized as service connection for an acquired psychiatric disorder (claimed as schizophrenia) and diplopia (claimed as double vision due to a laceration of the left upper eyelid). The appeal is REMANDED to obtain outstanding records, including SPRs and STRs, VA treatment records, private mental health treatment records, and inpatient treatment records. An addendum opinion from the VA eye examiner is also needed regarding the etiology of the Veteran's diplopia. A VA psychiatric examination should be scheduled for an opinion on whether any acquired psychiatric disorders are related to service.

The Board has denied the Veteran's claims for service connection for a low back disability and an acquired psychiatric disorder (bipolar disorder), finding that there is no evidence linking these conditions to his military service.

The Board has determined that additional development is needed to determine the existence and etiology of any currently diagnosed sleep disorder, as well as whether the Veteran's acquired psychiatric disorder may be related to service. The case is therefore being remanded for further action.

The Veteran's acquired skin disorder, to include scabies and pruritus, is directly related to his active military service. The Board finds the Veteran competent to describe his symptoms in service and thereafter.

The Board denied the Veteran's claims for service connection for a hernia, an acquired psychiatric disorder (including PTSD), and hemorrhoids. The Board found that there was no evidence of a nexus between any current disabilities and service.

The Board found that the Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, was denied due to a lack of credible supporting evidence of military sexual assault (MST).