PTSD (post-traumatic stress disorder) decisions — 2003

The Board has granted the veteran's claim for service connection for PTSD and found that his current psychiatric disorder, including PTSD, is related to his in-service combat experiences. The claim of entitlement to an increased evaluation for residuals of a gunshot wound to the right forearm remains pending.

The veteran's claim for a rating in excess of 50 percent for PTSD prior to September 28, 2000 and in excess of 70 percent from September 28, 2000 was granted. The effective date for the grant of a total rating based upon individual unemployability (TDIU) is not established.

The Board found that the veteran did not meet the criteria for a diagnosis of PTSD and therefore denied his claim for service connection.

The Board denied the veteran's claims of entitlement to service connection for a skin or foot disability, claimed as residuals of 'jungle rot', and for shrapnel wounds to the right knee. The claim for PTSD was granted.

The veteran's appeal is being REMANDED to the RO for further development due to a hearing request and VCAA notification issues.

The Board denied the veteran's claims for service connection of a back disability and PTSD, finding no new and material evidence to reopen his previous denial. The decision also noted that minimal development had been conducted regarding the stressors claimed by the veteran for PTSD.

The Board denied the veteran's claim for an earlier effective date prior to January 23, 1995 for a grant of TDIU due to PTSD. The decision stated that the earliest possible effective date was November 12, 1996, but as the veteran received a 100% schedular evaluation for PTSD in January 1995, the effective date could not be earlier than January 23, 1995.

The Board granted a 30 percent evaluation for sinusitis effective from February 15, 2001. The veteran's PTSD claim is addressed in the Remand section of this decision.

The Board has granted a 50 percent evaluation for the veteran's PTSD, effective from the date of service connection.

The Board has ordered further development due to pending issues and the need for additional evidence. The case is now remanded for further action.

The veteran's PTSD is manifested by occasional flashbacks, anxiety, fitful sleep, memory problems, and GAF scores ranging between 40 and 50. He continues to work in a job he has held for over 30 years, lives with his wife of many years, maintains relationships with his children, and consistently appears oriented, adequately dressed, and cooperative for examinations and therapy sessions. The Board finds that the veteran's symptoms more nearly approximate the criteria for a 50 percent rating for PTSD under Diagnostic Code 9411.

The Board has determined that the veteran's PTSD is related to a sexual assault she experienced during service, and thus grants her claim for service connection.

The Board has decided to remand the case for further action due to procedural issues related to the Veterans Claims Assistance Act of 2000 (VCAA). The appellant seeks to reopen his claim of service connection for PTSD, which was last denied in May 1997 and not appealed.

The Board has decided to remand the case for further development, including arranging a VA psychiatric examination and complying with provisions of the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran is entitled to an effective date of June 18, 1996 for service connection of PTSD. The issue of a higher initial evaluation before May 17, 2001 remains pending.

The Board has granted service connection for PTSD and dysthymia, with the latter being granted on a secondary basis due to its relationship to the veteran's service-connected PTSD. The decision is based on evidence of in-service personal assault leading to PTSD.

The VA denied the veteran's claim for service connection of PTSD due to insufficient evidence in his case file, including a prior psychiatric evaluation during separation from active duty.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional medical opinions and records.

The VA denied the veteran's claim for service connection for PTSD due to a lack of credible supporting evidence of an inservice stressor event and because no diagnosis of PTSD based on such a verified stressor was found.

The Board denied the veteran's claim for an effective date prior to December 5, 2000 for a 100% disability evaluation for PTSD and also denied his claim regarding military severance pay.