Acquired psychiatric disorder decisions — 2018

The Veteran's death is not eligible for DIC benefits under 38 U.S.C.A. § 1318 because he did not meet the criteria of having been continuously rated totally disabled for at least ten years prior to his death.

The Board found the May 1977 rating decision denying service connection for a nervous condition was consistent with the evidence then of record and properly applied governing laws and regulations. The Veteran's schizophrenia, diagnosed in 1977, was not considered related to his service.

The Board has determined that the Veteran's psychiatric disorders, including PTSD, were not incurred in or aggravated by active military service and may not be presumed to have been incurred in service.

The Board denied both claims for recognition of J. as a helpless child and apportionment of the Veteran's VA compensation benefits, finding that the evidence did not support the appellant's claim that J. was permanently incapable of self-support prior to his eighteenth birthday.

The Board has reopened the Veteran's previously denied claim for service connection for an acquired psychiatric disorder due to new and material evidence. However, it is unable to establish a current diagnosis of PTSD or any other specific psychiatric condition related to service.

The Board found that the Veteran's bilateral hearing loss does not present an exceptional disability picture warranting referral for extraschedular consideration. The acquired psychiatric disorder was determined to be secondary to service-connected bilateral hearing loss and thus service connection is granted.

The Board has remanded the Veteran's claims due to incomplete development, including a need for an examination regarding his claimed acquired psychiatric disorder and additional VA examinations for his service-connected lumbar spine, lower extremity radiculopathy, and knee disabilities.

The Veteran's claim for a rating in excess of 40 percent for his lumbar spine disability was denied. The Board found that the evidence did not show ankylosis or IVDS treated by bed rest, which are required for a higher rating under the General Rating Formula for Diseases or Injuries of the Spine. The Veteran's claim to reopen his service connection claim for depression and knee disabilities is pending as the SOC has not been issued yet.

The Board found insufficient credible supporting evidence to corroborate the Veteran's claimed in-service stressor of a Military Sexual Trauma (MST), and thus denied service connection for PTSD.

The Veteran's appeal is granted, with an SMC under 38 U.S.C. § 1114(s) and a separate evaluation for left knee instability added to his current rating. The issues of increased evaluations for the left femur and right elbow disabilities are also addressed.

The Veteran's acquired psychiatric disorder was not incurred by service nor caused or aggravated by his service-connected low back disability. The Veteran's service-connected disabilities do not meet the schedular requirements for TDIU.

The Board finds that the Veteran does not have current disabilities of residuals of head trauma, including TBI or a psychiatric disability other than PTSD. The evidence is insufficient to establish service connection for these conditions.

The Veteran's claim for PTSD was denied in April 2008 due to lack of evidence. The effective date for the grant of service connection is set at May 18, 2010.

The Veteran seeks to reopen claims for service connection for an acquired psychiatric disorder, a cervical spine condition, and a seizure disorder. New evidence has been submitted that relates to unestablished facts necessary to substantiate the claims.,New evidence supports reopening of claims for service connection for an acquired psychiatric disorder and a cervical spine condition. The claim for a seizure disorder remains denied as new evidence does not relate to an unestablished fact.

The Board has remanded the case for additional development to obtain missing service treatment records, VA medical records, and SSA records. The Veteran will be afforded a VA examination to determine the nature and etiology of any acquired psychiatric disorder that may be present.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for PTSD and an acquired psychiatric disorder other than PTSD, but it is not clear whether these claims should be granted or denied as they are still under review.

The Veteran's claims for service connection for an acquired psychiatric disorder and diabetes mellitus type II are being remanded due to the need to investigate his claimed stressors and verify his service in Vietnam. The Board will consider new evidence if it is received.

The Veteran's claim for an earlier effective date for the grant of service connection for schizophrenia was denied as there is no evidence showing a reopened claim prior to April 8, 2008. The March 2013 rating decision correctly assigned the effective date of April 8, 2008.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD. The appeal was dismissed as untimely due to failure to timely file a substantive appeal within 60 days of receiving the Statement of the Case (SOC).

The Board has reopened the claim for service connection of an acquired psychiatric disorder, finding that new evidence received since the November 2004 rating decision relates to possible aggravation of a preexisting major depressive disorder during service. The Veteran's current diagnosis of major depressive disorder is related to in-service mental health symptoms and treatment.