PTSD (post-traumatic stress disorder) decisions — 2006

The Board has determined that the veteran's hepatitis C was not incurred in or aggravated by active military duty.

The Board has determined that an effective date of January 20, 1999, for the assignment of a 70 percent disability evaluation for PTSD is warranted. The issue regarding entitlement to total disability based on individual unemployability remains open as there is no evidence showing an earlier effective date prior to October 1, 1998.

The Board has determined that the veteran's claim for an earlier effective date prior to May 17, 1993, for the grant of service connection for PTSD cannot be granted as there is no legal basis for such a determination.

The Board has granted a 70 percent evaluation for PTSD, effective January 31, 2000.

The veteran's PTSD was initially rated at 30 percent from July 31, 2001 to February 28, 2005.,Since March 1, 2005, the veteran's PTSD has been rated at 50 percent.

The Board denied the veteran's claim for an earlier effective date of April 8, 1989, for a 100 percent evaluation for PTSD due to lack of factual ascertainability that his PTSD was totally disabling during the year prior to December 27, 1989.

The veteran's PTSD is productive of complaints including depression, poor sleep, hallucinations and suicidal thoughts. The evidence does not meet the criteria for a higher rating prior to May 9, 2003.

The VA denied a higher initial evaluation for the veteran's PTSD, maintaining that it was productive of definite social and industrial impairment but not more than occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.

The veteran's PTSD is manifested by total occupational and social impairment due to symptoms such as grossly inappropriate behavior, persistent danger of hurting self or others, near-continuous panic or depression affecting the ability to function independently, and impaired impulse control. The Board finds that a 100 percent schedular rating for PTSD is more nearly approximated based on total occupational and social impairment.

The veteran's service-connected conditions do not preclude substantially gainful employment.

The Board has determined that the veteran's PTSD did not contribute substantially or materially to his death, and therefore denied service connection for the cause of his death.

The Board denied the veteran's claims for increased ratings for PTSD, high frequency hearing loss, diabetes mellitus, and residuals of prostate cancer. The veteran's service-connected degenerative joint disease of the cervical spine, left shoulder, and right knee were not found to be related to his active duty service.

The Board denied the veteran's son, D., as a helpless child due to his physical and mental disabilities not being permanent at the age of 18. The decision also noted that the veteran's son has been receiving Social Security benefits.

The Board has remanded the case due to inadequate notification and need for additional development regarding the veteran's claim of PTSD.

The Board finds that the veteran's PTSD is manifested by occupational and social impairment, with deficiencies in most areas due to symptoms such as suicidal ideation, near-continuous panic or depression affecting the ability to function independently. The criteria for an evaluation in excess of 70 percent for PTSD with depression have not been met.

The VA denied the veteran's claim for service connection for PTSD, finding that there is no competent diagnosis of PTSD and insufficient evidence to support a stressor related to military service.

The Board has determined that the veteran does not have a qualifying diagnosis of PTSD and there is insufficient evidence to verify an in-service stressor. The veteran's bilateral hearing loss and tinnitus are also not established as service-connected.

The Board denied the veteran's claims for service connection for residuals of a right shoulder injury, an increased evaluation for hearing loss, and an initial evaluation in excess of 30 percent for PTSD. The veteran's hearing loss was rated as noncompensable due to his audiometric results not meeting criteria for a compensable rating. His PTSD was rated at the lowest available level (30%) based on symptoms that did not meet higher levels of impairment.

The veteran's increased rating claims for PTSD and tinnitus were denied due to failure to report for scheduled VA examinations. The cancer claims were denied as there is no evidence of a nexus between the claimed conditions and military service.

The veteran's initial increased evaluation for PTSD is granted at a 30 percent rating, effective July 6, 2001. The veteran's initial increased evaluation for tinea corporis is also granted at a 10 percent rating, effective July 6, 2001.