PTSD (post-traumatic stress disorder) decisions — 2008

The veteran died in February 2006 due to metastatic lung cancer. At the time of his death, he had been receiving a 100% schedular evaluation for PTSD since December 1997. He was not in receipt of a 100% schedular evaluation for service-connected disability for a period of 10 years prior to his death, so payment of DIC benefits under 38 U.S.C.A. § 1318 is denied.

The veteran's claim for an initial rating in excess of 10 percent for post-traumatic stress disorder (PTSD) is being remanded due to the need for additional evidence, including treatment records from the D.C. Veterans Center and any other VA Medical Centers.

The Board has remanded the case for further development to verify the veteran's claimed stressors and determine if they occurred during his service. The veteran is seeking service connection for PTSD, but the claim will be reconsidered based on the new evidence.

The Board has ordered the VA to attempt to locate and contact witnesses who may have information about the veteran's sexual assault stressor during service. The case will be returned for further action.

The Board found that an effective date earlier than July 2, 1991 for a 100 percent schedular rating for PTSD or for a TDIU is not warranted.

The Board has ordered the case to be remanded for additional development, including obtaining medical records from the veteran's San Juan VAMC and Vet Center. The issue of service connection for PTSD will be reconsidered based on all available evidence.

The veteran's PTSD is rated at 30 percent, and service connection for tinnitus is granted. Service connection for migraines remains unresolved.

The veteran's PTSD is manifested by occupational and social impairment with deficiencies in work, family relations, judgment, thinking, and mood. The Board has assigned a 70 percent disability rating under Diagnostic Code 9411.

The Board has denied the veteran's claims for increased ratings and effective dates for various service-connected disabilities, including PTSD, post-concussive syndrome, temporal lobe seizures, neuropathy of the left common peroneal nerve, left ankle fracture, right ear hearing loss, balance disorder, low back disorder, and bilateral knee disorders. The appeals are denied.

The veteran's appeal for an increased disability rating for PTSD has been dismissed as the veteran's representative withdrew the appeal prior to a decision being made.

The Board has determined that the veteran's left knee degenerative changes are likely due to injury or disease during his active service, and thus grants service connection for this condition. The claim of service connection for PTSD is remanded as there is insufficient evidence to confirm the claimed stressors.

The Board has determined that the veteran's hypertension was not incurred or aggravated by service and may not be presumed to have been incurred therein. The claim for PTSD is referred back to the RO for development as the evidence does not support a finding of an in-service stressor.

The Board has determined that the veteran meets the criteria for a diagnosis of PTSD, which is associated with in-service combat stressors. As such, service connection for PTSD is granted.

The veteran's claim for competency determination is remanded due to inconsistencies in the medical and employment history provided, requiring further development including obtaining SSA records, recent VA treatment records, and conducting a field examination.

The veteran's post-traumatic stress disorder was initially rated at 30 percent before March 27, 2008 and increased to 50 percent from that date.

The Board has reopened the veteran's claims for service connection for an acquired psychiatric disorder and PTSD, but finds that new evidence does not establish a direct link to service or any verified stressor events. The veteran's current conditions are therefore denied.

The Board has determined that additional development is needed to clarify the veteran's service-connected conditions and their impact on his ability to work. The case is being remanded for further examination and review.

The Board has granted a 100 percent rating for the appellant's PTSD disability since the date service connection was granted, finding that the veteran's symptoms meet the criteria for such a high evaluation. The facial palsy and TDIU claims are not addressed as they do not relate to the initial grant of service connection.

The Board dismissed the veteran's appeal because his substantive appeal was not received within the required time frame, and thus did not meet the jurisdictional requirements for further consideration.

The veteran's service-connected PTSD is manifested by symptoms such as nightmares, panic attacks, intrusive memories, anxiety, depression, sleep disturbance, anger outbursts, social withdrawal, and hypervigilance. The Global Assessment of Functioning (GAF) scores ranged from 50 to 60, indicating some mild symptoms.