Acquired psychiatric disorder Board decisions

The Board has remanded the Veteran's claims for service connection due to insufficient evidence in some cases, and a new VA examination is needed.

The Veteran's appeal is being remanded due to pre-decisional duty-to-assist errors in the November 2020 rating decision. The psychiatric claim, HIV and psoriasis secondary claims, and TDIU issue are all related and must be addressed together.

The Veteran's appeal is remanded due to the hearing being cancelled and a need for additional clarification of his mental health condition. A VA examination is required to determine the nature and etiology of any diagnosed conditions, including PTSD.

The Veteran's motion for revision of the April 2022 rating decision denying service connection for an acquired psychiatric disorder was denied as there was no clear and unmistakable error (CUE). The correct facts were before the AOJ, and the statutory or regulatory provisions extant at that time were correctly applied.

The Board has granted earlier effective dates of April 16, 2021 for the grants of service connection for an acquired psychiatric disability and a low back disability.

The Veteran's PTSD and acquired psychiatric disorder other than PTSD, including Major Neurocognitive Disorder and Major Depressive Disorder, are granted as service-connected. The acquired psychiatric disorder is also found to be secondary to his service-connected OSA.

The Board has remanded the case due to a failure to verify the Veteran's November 1997 stressor, and requests that the Military Records Research Center attempt to verify this event. The Board also requested an addendum opinion from an appropriate clinician regarding whether the Veteran currently has an acquired psychiatric disorder including PTSD, and if it is at least as likely as not related to service.

The Veteran's claims for service connection for acquired psychiatric disorder, tinnitus, bilateral hearing loss, thoracolumbar spine disability, cervical spine disability, bilateral flatfoot, and left and right knee disabilities have been granted with effective dates of December 5, 2020. The Board found that the Veteran had submitted new evidence to reopen her claims.

The Veteran's appeals for service connection on six different conditions have been dismissed due to his death while the appeal was pending.

The Veteran's acquired psychiatric disorder is rated at 50 percent, which does not meet the criteria for an initial rating in excess of 50 percent.

The Board denied service connection for anxiety and alcoholism, finding that the evidence did not support a link to active duty.

The Board has determined that the Veteran requires regular aid and attendance due to his service-connected disabilities, including Parkinson's disease, heart blockage, diabetes mellitus, urinary incontinence, peripheral neuropathy of both lower extremities, and tremors. As a result, SMC based on need for aid and attendance is granted.

New evidence received after the June 2019 rating decision has been found relevant to the Veteran's claim for service connection of an acquired psychiatric disorder, and the application to readjudicate this issue is granted. The case is now remanded for further consideration on the merits.

The Veteran's claim for service connection for chronic sinusitis is granted. The claims for higher ratings for migraine headaches, mitral valve prolapse, and an acquired psychiatric disability other than PTSD are remanded due to the need for additional medical opinions. The claims for bilateral hearing loss, chronic fatigue, rheumatoid arthritis, dermatitis, low back disability, and sciatic radicular pain of both lower extremities are also remanded.

The Board has decided that the Veteran's claim of service connection for an acquired psychiatric disability should be remanded due to a lack of a VA examination and because the Veteran reported experiencing psychiatric problems since his military service.

The Veteran's appeals for service connection for an acquired psychiatric disorder and chronic obstructive pulmonary disease have been dismissed due to the Veteran's death.

The Veteran's claim for a rating in excess of 40 percent for urinary dysfunction, residual of prostate cancer is denied. The claim for TDIU is also denied.

The Veteran's service-connected acquired psychiatric disability is rated at 70 percent since March 24, 2022. An effective date of March 24, 2022, but no earlier, has been granted for the award of service connection for tension headaches.

The Board has remanded the case to adjudicate a supplemental claim regarding an effective date prior to February 27, 2022 for a 100 percent rating for the Veteran's acquired psychiatric disorder.

The Veteran's appeals for increased ratings for hypertension, fracture of the left middle finger with degenerative arthritis, and pseudofolliculitis barbae have been dismissed.,The Veteran's claim for service connection for an acquired psychiatric disorder has been granted.