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The Board denied the attorney's request for payment of attorneys fees from past due benefits based on the grant of service connection for PTSD in a May 18, 2006 rating decision. The issue was not addressed by a final Board decision before that date.
The Board has remanded the case for further proceedings consistent with a November 2006 memorandum decision from the United States Court of Appeals for Veterans Claims, which vacated the previous denial and ordered the matter back to the Board for further action. The veteran is required to be provided with VCAA notice regarding evidence from sources other than service records or behavior changes that may support his claim, as well as information on how a disability rating and effective date would be established.
The veteran's PTSD was rated at 70% effective September 14, 1990 and at 100% effective February 17, 1993. The TDIU claim is denied as the veteran was gainfully employed before February 17, 1993.
The veteran's claim for service connection for PTSD was granted effective November 8, 2001.
The Board has remanded the case due to incomplete development and procedural issues, including a need for additional evidence regarding stressor events and verification of PTSD diagnosis.
The veteran's appeal from the November 1982 rating decision is still pending, and his claim for an increased rating of anxiety reaction remains in appellate status.
The VA has determined that the veteran's anxiety disorder with features of PTSD warrants a 30 percent disability evaluation, which is the current rating for this condition.
The Board has granted service connection for PTSD with major depressive disorder, finding that the veteran's current symptoms are related to an in-service sexual assault.
The VA denied the veteran's claim for service connection for PTSD due to personal assault, finding that she does not meet the diagnostic criteria for PTSD.
The Board found that the reduction of the veteran's PTSD disability rating from 30 percent to noncompensable was proper based on evidence showing improvement in symptoms.
The VA denied the veteran's claim for an initial evaluation greater than 50 percent for PTSD, finding that his symptoms are manifested by depression, restricted affect, anxiety, irritability, nightmares, intrusive thoughts, impaired judgment, complaints of memory loss and difficulty concentrating, and social avoidance.
The Board has determined that additional evidence received since the December 2003 statement of the case should be reviewed to determine if service connection for PTSD is warranted.
The Board denied the veteran's claims for service connection for PTSD and a skin disorder, finding no competent medical evidence of current disabilities or in-service stressors.
The Board has remanded the veteran's appeal due to the need for additional development, including obtaining medical records and scheduling a VA psychiatric examination.
The Board denied the veteran's claim for an earlier effective date of December 16, 2002, for a rating in excess of 30 percent for PTSD. The evidence did not show that the criteria for a higher rating were met at any time prior to this date.
The Board has reopened the claim of service connection for PTSD, but finds that there is no credible evidence to support a diagnosis of PTSD and thus denies the claim.
The VA has determined that the veteran's PTSD is of no more than moderate severity and primarily manifests with symptoms such as depressed mood, irritability, social isolation, mild memory problems, and sleep disturbances like nightmares. The disability does not meet the criteria for a higher initial rating.
The Board denied the veteran's claims for service connection and increased evaluations, as well as her requests for earlier effective dates. The RO established service connection for right knee medial compartment degenerative joint disease but denied other claims.
The veteran is entitled to payment or reimbursement for unauthorized medical expenses incurred at private facilities on December 13-14, 2002 due to his service-connected PTSD and the severity of his other disabilities.
The veteran's claim is being remanded for further evaluation of her post-traumatic stress disorder with depression, including verification of hospitalization records and a VA psychiatric examination.
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