PTSD (post-traumatic stress disorder) decisions — 2005

The veteran's appeal for an increased rating for PTSD has been withdrawn, resulting in the dismissal of his case.

The Board denied the veteran's claim for an effective date earlier than November 23, 2001 for his total rating based on individual unemployability due to service-connected disabilities. The RO awarded a 70 percent disability evaluation for PTSD and granted TDIU effective from November 23, 2001.

The Board found that there is no verified in-service stressor and denied service connection for PTSD.

The Board found that the veteran's claimed stressors, including those related to his service aboard the USS Eversole and the apparent suicide of a shipmate, could not be verified. As such, the veteran was not shown to have experienced an in-service stressor sufficient to establish PTSD, and therefore denied his claim for service connection.

The Board denied the veteran's claim for an effective date prior to November 27, 1995 for service connection and a 100 percent rating for PTSD.

The Board has remanded the case for a Travel Board hearing, and will not make any decision on the merits of the claim until further proceedings are completed.

The Board denied the veteran's claims for increased disability ratings and service connection, finding that new and material evidence had not been submitted to reopen his claim of entitlement to service connection for degenerative joint disease of the lumbar spine under 38 U.S.C.A. § 1151 (West 2002). The Board also denied his claims for PTSD prior to June 26, 1996 and diabetes mellitus with retinopathy.

The VA determined that the veteran's PTSD does not warrant an evaluation in excess of 30 percent.

The veteran's PTSD is manifested by intrusive thoughts, depression, anxiety, impaired sleep, and results in occupational and social impairment with reduced reliability and productivity. The Board has determined that the criteria for an initial disability rating of 50 percent for PTSD are met.

The Board denied the veteran's claims for CUE in a March 1989 rating decision and for an earlier effective date for PTSD. The March 1989 rating decision was not found to be clearly and unmistakably erroneous, and there is no legal entitlement to an earlier effective date.

The veteran's claims for increased PTSD, reopening a right wrist injury claim, and service connection for various conditions were denied. The denial of the PTSD claim is due to failure to meet the criteria for an initial evaluation in excess of 10 percent. The denial of the right wrist injury claim is due to lack of new and material evidence. Service connection was not granted for asthma, digestive disorder, broken finger (right or left), patellofemoral arthritis, headaches, bilateral hearing loss, prostatitis, skin disorders, or lung disorders.

The veteran's appeal is remanded for issuance of an SOC regarding the issue of whether to reopen service connection for PTSD. The case will also be readjudicated for his claim of increased disability rating for anxiety.

The veteran's PTSD is currently rated as 50 percent disabling, and the Board finds that a higher rating is not warranted based on the current evidence.

The Board has determined that an effective date of January 6, 1998 is warranted for the assignment of a 50 percent disability evaluation for post-traumatic stress disorder (PTSD).

The veteran's PTSD is found to be incurred in active service due to combat stressors during World War II, and the Board grants service connection for PTSD.

The Board found that the veteran's service-connected disabilities did not meet the criteria for a TDIU rating prior to November 6, 2000. The effective date of the TDIU rating was set at November 6, 2000.

The Board denied service connection for the cause of the veteran's death due to COPD, attributing it to nicotine dependence. The Board also found that PTSD did not contribute substantially or materially to the veteran's death.

The veteran's disability manifested by hypesthesia of both arms and hands, as well as right foot, is related to active service. Service connection for this condition is granted.

The veteran is seeking service connection for PTSD, which was denied in the July 2002 rating decision. The case has been remanded due to additional development needed.

The Board has denied the veteran's claims for service connection for a bilateral foot disorder, post-traumatic stress disorder, and an acquired psychiatric disorder other than post-traumatic stress disorder. The evidence submitted since the April 1997 rating decision is not new or material to reopen the claim for a bilateral foot disorder.