PTSD (post-traumatic stress disorder) decisions — 2006

The Board found that the veteran did not timely file a notice of disagreement regarding whether his June 2000 notice of disagreement was timely, and thus dismissed the appeal.

The Board found that the veteran's bilateral pes planus was not incurred or aggravated during active service. The claim for PTSD is pending and will be addressed in a separate remand.

The veteran's PTSD has been rated at 50 percent since May 8, 2001. The Board finds that the manifestations of his PTSD most nearly approximate the criteria for a 70 percent evaluation from December 19, 2000.

The veteran's appeal is for a higher rating for PTSD and an earlier effective date. The RO must provide the required VCAA notice, arrange for a VA examination to assess his PTSD symptoms, and readjudicate both claims.

The Board has determined that additional procedural development is required for the veteran's claims of service connection for PTSD, right shoulder disability, and low back disability. The claims will be remanded to allow for further examination and consideration.

The Board has remanded the case due to incomplete information regarding the veteran's claimed stressors and a need for further examination.

The Board denied the veteran's claim for service connection for PTSD, finding no competent medical evidence to support a diagnosis of PTSD and thus denying the claim.

The Board denied the veteran's claims for a separate total evaluation for anxiety reaction and additional retroactive disability compensation, effective March 1, 1989 at the 100 percent rate ($2,193 monthly). The decision also granted an effective date of February 6, 1989 for the award of a 100 percent rating for his service-connected psychiatric disability.

The veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a higher rating in any of his service-connected conditions.

The Board has determined that the veteran's PTSD symptoms do not warrant a rating in excess of 30 percent, as his symptoms are within the range for a 30 percent disability evaluation.

The veteran's service-connected tinnitus and PTSD were evaluated, but the veteran requested a separate evaluation for each ear for tinnitus. The RO denied his request as there is no provision for assignment of a separate 10 percent evaluation for tinnitus of each ear under DC 6260. The veteran's claim for an increased initial rating for PTSD was not addressed due to lack of proper notice and assistance.

The Board has denied the veteran's claims for service connection for diabetes mellitus, post-traumatic stress disorder, and a skin disorder. The evidence does not support these claims as they are not related to service or any presumptive exposure.

The Board denied the veteran's claims for a rating in excess of 50 percent for PTSD and his claim for a total rating based on individual unemployability (TDIU). The evidence did not meet the criteria for a higher rating or TDIU.

The Board found that new evidence submitted since the January 2001 denial did not provide a more complete picture of the veteran's PTSD, and thus is not material. The claim for reopening service connection for PTSD remains denied.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for PTSD, which is related to his combat experience in Vietnam. The veteran was diagnosed with PTSD based on credible supporting evidence of his reported stressors.

The VA denied the veteran's claim for an increased evaluation of his service-connected PTSD, currently rated at 30 percent.

The veteran's PTSD is currently rated at 50 percent, which approximates the criteria for a 70 percent rating due to his symptoms of suicidal ideation, frequent depression, and difficulty adapting to stressful circumstances.

The veteran's claims for an initial rating in excess of 30 percent for PTSD, a TDIU, and an effective date prior to May 20, 1998, for the grant of service connection for PTSD are being remanded due to VCAA notification issues.

The Board has determined that additional VA examinations are necessary to evaluate the current severity of the veteran's PTSD and headaches, as well as obtain updated medical records. The case is REMANDED for these actions.

The Board has determined that the veteran's PTSD warrants a 50 percent evaluation, reflecting significant impairment in occupational and social functioning.