PTSD (post-traumatic stress disorder) decisions — 2002

The Board has determined that the veteran does not meet the diagnostic criteria for PTSD and there is no evidence of a causal relationship between any diagnosed psychiatric conditions and service. As such, the claim for service connection for a psychiatric disability (claimed as a nervous condition), to include PTSD, is denied.

The VA has determined that the veteran's service-connected conditions, including PTSD and a gunshot wound to the right leg, do not render him unemployable due to his disabilities.

The Board found that the veteran experienced a verified stressor incident in service and diagnosed PTSD, leading to its grant of service connection for PTSD.

The Board denied the veteran's claim for an effective date earlier than April 15, 1999 for service connection of PTSD due to a lack of evidence showing entitlement to this benefit prior to that date.

The Board has determined that the evidence submitted since the June 1993 denial does not constitute new and material evidence to reopen the veteran's claim of entitlement to service connection for PTSD.

The VA determined that the appellant's post-traumatic stress disorder is currently manifested by occupational and social impairment with deficiencies in most areas, but not to a level warranting a higher rating.

The veteran has been unemployable due to his service-connected PTSD since June 27, 1996. The effective date for the total disability rating based on individual unemployability is set at June 27, 1996.

The veteran's PTSD was rated at 10 percent prior to March 22, 1999; 30 percent from March 22, 1999, to April 17, 2000; and no higher rating is warranted for any period.

The Board denied service connection for gunshot wounds to the neck and right leg, finding no evidence of such injuries in service. Service connection was granted for PTSD with an initial rating of 10 percent.

The Board has found that new and material evidence has been submitted to reopen the claim for PTSD, which was previously denied. The additional evidence provided by USASCRUR supports several of the veteran's claimed stressors in Vietnam, leading the Board to grant service connection for PTSD.

The Board found that the veteran's service records do not show any diagnosis of PTSD, and there is no competent medical evidence linking his current condition to his military service. The claim for service connection was therefore denied.

The Board denied the veteran's claims for earlier effective dates for service connection of PTSD and heart disease, finding that there was no clear and unmistakable error in previous decisions.

The Board has determined that the veteran's service-connected PTSD is reasonably certain to continue throughout his lifetime, warranting a permanent total disability rating and thus meeting the criteria for basic eligibility for Dependents' Educational Assistance under Chapter 35 of Title 38, United States Code.

The veteran's service-connected disabilities, including PTSD with secondary panic attacks, degenerative joint disease of the right and left knees, and shrapnel wound residuals to the back, render him unable to secure or maintain gainful employment. The Board finds that these conditions meet the criteria for a total disability rating based on individual unemployability.

The Board has granted a 100 percent rating for PTSD effective from the date of receipt of the claim, or the earliest date as of which it is factually ascertainable that an increase in disability had occurred. The earlier effective date for the assignment of a 30 percent rating for PTSD remains pending and will be determined based on the evidence provided.

The veteran claimed that the August 19, 1994 rating decision denying his PTSD claim constituted clear and unmistakable error (CUE). The Board found in favor of the veteran, concluding that the decision did constitute CUE.

The Board has granted a higher rating of 30 percent for the veteran's service-connected PTSD with schizophrenia from February 10, 1989 through February 1, 1998.

The Board has granted an increased evaluation of 70 percent for PTSD, a 20 percent evaluation for internal derangement with instability of the right knee, and a separate 10 percent evaluation for arthritis of the right knee. The veteran is also entitled to a TDIU.

The Board denied the veteran's claims for service connection for PTSD and an increased rating for tinea pedis due to a lack of corroborating evidence for the claimed stressors and insufficient medical records linking the current diagnoses to his military service, respectively.

The Board found that the veteran did not engage in combat with the enemy and does not have PTSD caused by any event that occurred during service. Therefore, the claim for service connection for PTSD was denied.