Acquired psychiatric disorder decisions — 2021

The Veteran's appeal for service connection of an acquired psychiatric disorder is remanded due to a failure to obtain Social Security Administration (SSA) records, which should have been considered by the AOJ.

The Veteran's claim for service connection of an acquired psychiatric disability is granted as the RO improperly rejected it under the AMA system.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding his claimed psychiatric and ankle disabilities. The AOJ must obtain new VA examinations to address these issues.

The Veteran's claims for service connection for various conditions, including anxiety and depression, tinnitus, bilateral foot disorders, left knee disorder, bilateral sciatic nerve disorders, and sinusitis, have all been denied. The Board found no current disability associated with the claimed conditions.

The Veteran's claim for a higher rating for his degenerative arthritis of the lumbar spine prior to May 7, 2013 was denied. A 40 percent rating is granted since that date. The claims for increased ratings for radiculopathy of the right and left lower extremities were also denied.

The Veteran's claims for service connection have been remanded due to the submission of new and relevant evidence. The Board will now consider whether his acquired psychiatric disability, diverticulitis, and erectile dysfunction are related to service.

The Board has remanded the case due to the need for a VA examination and nexus opinion regarding the nature, extent, and etiology of the Veteran's acquired psychiatric disorder, including PTSD, depression, anxiety, bipolar disorder, schizophrenia, schizoaffective disorder, and mood disorder. The claim is being returned to the RO for further action.

The Veteran's claim for an increased level of special monthly compensation (SMC) under 38 U.S.C. § 1114(p) was granted, with a rating of 50 percent effective as of the date of the decision.

The Board has remanded several service connection claims due to the need for additional development, including obtaining private medical records and VA examinations.

The Board has decided that the Veteran's obstructive sleep apnea may be related to his service-connected multiple sclerosis, psychiatric disorder, or right leg disability. However, more information is needed from a VA examiner regarding the nature and etiology of the Veteran's OSA.

The Veteran's claim for a compensable rating for tinea pedis was denied as the condition had not been active in several years prior to his passing.,Service connection for PTSD and other acquired psychiatric disabilities were also denied, with no diagnosed mental health conditions found.

The Board denied service connection for an acquired mental disorder other than PTSD, including dysthymia, finding that the evidence did not support a link to active service or a service-connected disability.

The Board has remanded the claims for service connection for left and right shoulder disorders, as well as for a rating in excess of 10 percent for DJD of the right and left knees due to additional development being needed.

The Board denied service connection for an acquired psychiatric disorder, including PTSD, as secondary to the Veteran's service-connected peptic ulcer disease. The evidence did not support a nexus between the Veteran's current psychiatric condition and his military service or his service-connected peptic ulcers.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder (claimed as PTSD) and a sleep disorder due to incomplete development of evidence, including lack of specific notice regarding personal assault stressors. The Veteran will need to provide additional information about any outstanding treatment records and complete service treatment records must be obtained.

The Board denied the Veteran's claim for a separate evaluation for psychiatric impairment as a manifestation of his service-connected bilateral hearing loss, finding no current diagnosed mental health disorder that conforms to DSM-5 criteria.

The Veteran's cause of death due to suicide by hanging is found to be service-connected as his paranoid schizophrenia was a service-connected disability. The claim for compensation under 38 U.S.C. § 1151 for the cause of the Veteran's death is dismissed.

The Veteran's PTSD and chronic schizophrenia have caused total social and occupational impairment throughout the period on appeal, warranting an initial 100 percent rating.

The Board has granted service connection for an acquired psychiatric disorder and assigned a 50% disability rating. The overpayment of $10,941.58 will not be recovered as it would create undue hardship and defeat the purpose of paying attorney fees.

The Board denied the Veteran's appeal as his June 2014 substantive appeal was not timely filed, and thus, the claims of service connection for various conditions were not considered.