PTSD (post-traumatic stress disorder) decisions — 2002

The veteran's service-connected psychiatric disability, chronic adjustment disorder with PTSD, was initially rated at 10 percent and has been granted a higher rating of 100 percent effective September 24, 2002.

The veteran's PTSD has recently required initial treatment with Zoloft medication and is shown to produce considerable social and industrial impairment, warranting a 50 percent disability rating.

The Board has determined that the effective date of compensation for PTSD is January 1, 1972, based on the evidence showing the veteran had PTSD as early as January 1, 1972, and possibly earlier. The decision also notes that the law at the time did not allow for an effective date prior to the first day of the month following the award.

The Board denied the veteran's claims for earlier effective dates for service connection of PTSD and tinnitus, finding that no prior claim was made before November 21, 1994.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for PTSD. The diagnosis of PTSD is supported by VA medical records, and a link between current symptoms and an in-service stressor (witnessing the ambush and deaths of fellow soldiers) is established. As such, the Board finds that the veteran's PTSD arose out of his experiences in service.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of service connection for PTSD. The evidence shows that the veteran experienced in-service stressors, including witnessing a fellow serviceman sustain a shell wound, which is sufficient to establish service connection.

The veteran's PTSD is associated with his military service and the Board has granted service connection for PTSD.

The Board has granted a higher initial rating of 70 percent for the veteran's service-connected post-traumatic stress disorder, finding that his PTSD symptoms have interfered with his occupational functioning to such an extent that he is unable to maintain gainful employment.

The Board found that the veteran's PTSD was not incurred in or aggravated by active service due to a lack of verified in-service stressors.

The Board denied the veteran's claims of service connection for periodontal disease and an acquired psychiatric disorder, including PTSD. The decision found that there was no evidence to support these claims.

The veteran's claim for a temporary total disability evaluation due to hospitalization from October 5 to November 13, 1998 was denied as the medical records did not indicate continuous inpatient care.

The Board found that the veteran does not have PTSD and denied his claim of service connection for PTSD.

The Board denied the veteran's claim of entitlement to service connection for PTSD, finding that no new and material evidence had been received. The case was remanded multiple times but ultimately remained in a denied status.

The veteran's PTSD has been rated at 50 percent since February 14, 1992. The evaluation is based on the current manifestations of his condition without any presumption or reopening due to new evidence.

The veteran's hearing request has been scheduled, but the RO needs to reschedule it as there is a handwritten note indicating that the initial scheduling was in error. The case will be returned to the Board after the rescheduled hearing.

The Board found that the veteran's post-traumatic stress disorder was not incurred in or aggravated by service, and denied his claim for service connection.

The Board has granted service connection for tinnitus and denied a rating in excess of 30 percent for PTSD.

The Board has reopened the veteran's claim of entitlement to service connection for PTSD based on new and material evidence submitted since the May 2000 decision.

The Board found that the veteran's service-connected pes planus and left shoulder disorder did not warrant higher ratings, while finding that his PTSD warranted a 30 percent rating.

The Board has granted the veteran's waiver of recovery for an overpayment of VA improved pension benefits in the amount of $2,750.00 due to financial hardship and mitigated fault on both the part of the veteran and the VA.