PTSD (post-traumatic stress disorder) decisions — 2006

The veteran's PTSD has been rated at 70 percent since June 8, 2001. The rating was increased to 70 percent effective September 20, 2004.

The Board has determined that the veteran's service-connected PTSD and residuals of a severely sprained/fractured left ankle render him unable to obtain or maintain substantially gainful employment, warranting a total disability rating based on individual unemployability.

The veteran's claim for a higher rating for lumbar strain was denied. The claims for service connection of various conditions due to undiagnosed illnesses were also denied, except for the PTSD claim which was granted but not rated as it was placed in appellate status.

The Board has determined that the veteran's death was not caused by or substantially contributed to by his service-connected post-traumatic stress disorder, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has determined that a medical examination is necessary to determine the current severity of the veteran's service-connected post-traumatic stress disorder. The case is also being remanded for further consideration of the issue of entitlement to a total disability rating based on individual unemployability.

The VA denied the veteran's claims for higher ratings for PTSD and anxiety, assigning a 10 percent rating from November 29, 2001 to November 17, 2003, and a 30 percent rating from November 18, 2003. The decision is based on the veteran's symptoms of intrusive memories, flashbacks, nightmares, anxiety, irritability, and difficulty sleeping.

The veteran's claim of entitlement to an increased initial evaluation for post traumatic stress disorder (PTSD) is being remanded due to the need to obtain additional records from Social Security Administration and VA medical centers.

The Board has ordered the VA to obtain the veteran's service medical records from his first period of Army service and then re-adjudicate his claims for PTSD and bilateral chondromalacia patellae.

The Board found that the veteran did not meet the criteria for a diagnosis of PTSD and there was insufficient evidence to support his claimed stressors. Therefore, service connection for PTSD is denied.

The veteran argues for an earlier effective date of July 16, 2001 for the award of service connection and compensation for PTSD. The Board finds that the RO was correct in assigning this date as there is no evidence of a prior claim filed before July 16, 2001.

The Board found that the veteran's PTSD produces some occupational and social impairment, but not to a level warranting a higher rating. The claim for an increased initial rating for PTSD was denied.

The veteran's post-traumatic stress disorder has been rated at 100 percent since January 20, 2000 due to total occupational and social impairment.

The Board has remanded the case for additional development due to issues with notification and medical records.

The veteran's PTSD was productive of occupational and social impairment with deficiencies in most areas such as work, school, family relations, judgment, thinking, or mood due to symptoms such as near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); difficulty in adapting to stressful circumstances (including work or a work-like setting); and an inability to establish and maintain effective relationships for the period prior to December 11, 2002.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for an innocently acquired psychiatric disorder, including bipolar disorder and PTSD. However, there is no indication of a direct or presumptive link between the veteran's military service and these conditions.

The veteran's appeal is being remanded to the RO for further development and consideration of his claims, including scheduling a hearing and obtaining additional evidence from SSA.

The veteran's claim for service connection for PTSD and an increased rating for lumbosacral strain is being remanded due to the need for additional development, including obtaining service personnel records and verifying stressors. The veteran's low back disability will also be examined by a VA orthopedic examiner.

The Board dismissed the veteran's motion for CUE because he did not clearly and specifically set forth alleged errors of fact or law in the February 5, 2004 decision.

The Board found that the veteran's PTSD does not meet the criteria for a higher initial rating than 30 percent, as his symptoms do not cause occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.

The Board has remanded the case due to insufficient evidence regarding the veteran's claimed PTSD and its connection to service. The veteran must provide more specific details about his alleged stressors, and VA will conduct further development including a VA examination.