Acquired psychiatric disorder decisions — 2024

The Veteran's death appeal was remanded due to insufficient medical opinions regarding his claim for compensation under 38 U.S.C. § 1151 and service connection, as well as the need for additional development of records.

The Veteran's acquired psychiatric disorder is currently rated at 70 percent, and the Board has remanded for further development.,The Veteran maintains that he should be granted a TDIU based on his service-connected acquired psychiatric disorder.

The Board has decided to remand the claims for service connection due to errors in duty to assist and incomplete evidence. The Veteran's claim for an acquired psychiatric disorder is based on a stressor event during INACDUTRA, but the exact dates of this service are unclear. For the knee/low leg disabilities, the VA opinions found no relationship to service.

The Board has remanded the claims for service connection for psychiatric disorder (including anxiety) and PTSD due to a pre-decisional error in failing to provide a VA examination. The other issues remain denied.

The Board has decided to remand the case due to a duty-to-assist error, and will consider any evidence submitted by the Veteran or her representative since April 1, 2021.

The Veteran's claim for an earlier effective date for service connection of schizophrenia was denied as there is no evidence that he filed a new claim after the November 2004 denial, and the Board found that equitable tolling does not apply to VA's regulations regarding effective dates.

The Veteran's claims for service connection have been reopened and granted.,Service connection has also been granted for PTSD and depressive disorder.

The Board has remanded the Veteran's claims for additional development due to incomplete medical records and inadequate examination reports.

The Board has remanded the claims for service connection for sleep apnea, which is secondary to a service-connected neuropsychiatric condition including PTSD, and for TDIU due to the Veteran's service-connected disabilities. The VA will obtain additional medical records, translate Spanish documents, complete a toxic exposure risk activity (TERA) memorandum, and schedule a VA examination to determine the nature and etiology of the sleep apnea.

The Board has denied the Veteran's claims for service connection for various conditions, including low back disability, right and left knee disabilities, left foot disability, headaches secondary to PTSD, peripheral neuropathy of upper extremities, herpes, cervical spine disability (secondary to PTSD), right and left hip pain, and hypertension. The only condition granted was an acquired psychiatric condition (PTSD, depression, anxiety and other stressor related disorder).

The Board has remanded the claims for service connection due to insufficient examination reports and missing records. The Veteran's prostate condition is related to his in-service injury, but the examiner did not have access to all relevant medical records. The psychiatric claim requires a second opportunity for an examination as the Veteran may have missed the first one due to lack of communication.

The Board has remanded the claims for service connection due to unresolved questions regarding the Veteran's fatigue, spinal tuberculosis, and acquired psychiatric disability. The case will be further examined to determine if active TB was present during service and its impact on current conditions.

The Board has determined that additional development is necessary for the Veteran's claims of service connection for left and right ankle disabilities, as well as an acquired psychiatric disorder. The case is being remanded to obtain new VA opinions.

The Board has denied the Veteran's claims for service connection for PTSD and unspecified depressive disorder, finding that there is no evidence of a current disability related to service.

The Board has dismissed the appeal for an earlier effective date for service connection of a psychiatric disorder due to it being a concurrent issue in the Legacy system.

The Veteran's acquired psychiatric disability, diabetes, and bilateral hearing loss are granted service connection. The right knee and left knee disabilities remain pending for further review.

The Veteran's service connection claims for left ear hearing loss, right ear hearing loss, tinnitus, and an acquired psychiatric disorder are all granted on a presumptive basis due to continuous symptoms since service.

The Veteran's service-connected acquired psychiatric disorder, other than PTSD, to include adjustment disorder with mixed depression and anxiety, claimed as psychotic disorder, is granted at a 70 percent disability rating. An earlier effective date of December 21, 2017 for this condition is also granted.

The claim for service connection for chronic fatigue syndrome is dismissed. The claim for service connection for an acquired psychiatric condition (claimed as PTSD) is remanded.

The Veteran withdrew his appeal for service connection of multiple conditions, including psychiatric disorders and hearing loss. The Board dismissed the appeals as a result.