PTSD (post-traumatic stress disorder) decisions — 2009

The Veteran's claim for an earlier effective date for the grant of service connection for PTSD is denied. The effective date remains August 31, 2007.

The Board has remanded the case due to deficiencies in its analysis regarding the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has remanded the case for further development, including a VA psychiatric examination to determine the nature and etiology of any psychiatric disorders present (including PTSD) and a VA audiological examination to determine the nature and etiology of any right ear hearing loss. The issues on appeal are whether service connection should be granted for hearing loss in the right ear and PTSD.

The Veteran's PTSD has been rated at 30 percent from March 31, 2003, through September 15, 2008; and increased to 50 percent effective September 16, 2008.

The Board denied the Veteran's claims for service connection for PTSD and an acquired psychiatric disorder (other than PTSD), including a nervous disorder and major depression, finding that new and material evidence had not been received to reopen these claims.

The Veteran's degenerative changes of the lumbar spine with radiculopathy and limitation of motion are currently rated at 60 percent, effective March 21, 2000. The claim for an earlier effective date is granted.

The Board has determined that the Veteran currently has an anxiety disorder, not otherwise specified (NOS), which is more likely than not related to his military service. The claim for PTSD was previously denied and is no longer at issue.

The Veteran's death was not service-connected, and the Board denied DIC benefits under 38 U.S.C.A. § 1318 due to insufficient evidence of a continuous period of total disability rating for at least ten years immediately preceding his death.

The Veteran's PTSD has been rated at 50 percent since June 4, 2003. The Board found that the criteria for a higher evaluation (70%) were met from that date.

The Veteran's PTSD does not meet the criteria for a higher evaluation as his symptoms do not result in occupational and social impairment with reduced reliability and productivity.

The Veteran's claim for PTSD was denied due to lack of evidence. The claim for bilateral knee disability, including arthritis and cold injury residuals, was also denied as there is no current diagnosis or established link to service.

The Board has remanded the case for additional development, including verification of service stressors and VA examinations to determine the nature and etiology of any current left knee disability and disabilities of the feet manifested by blisters.

The Veteran's PTSD has been rated at 70 percent, effective from the date of his claim. The Board also granted a TDIU based on the Veteran's service-connected disability.

The Veteran's PTSD has been rated at 30 percent since November 25, 2002. The symptoms have not resulted in occupational and social impairment with reduced reliability and productivity.

The Board has decided to remand the case for additional development, including obtaining evidence and conducting a VA examination.

The Board has remanded the case for necessary procedural actions, including scheduling a videoconference hearing and asking the Veteran to clarify his apparent claim of clear and unmistakable error (CUE).

The Veteran's death was not caused by a service-connected disability, and the appellant did not meet the requirements for DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's PTSD resulted in total occupational and social impairment from August 8, 2003 to May 16, 2006. The Board has granted a 100 percent schedular rating for PTSD with an effective date of August 8, 2003.

The Veteran's appeal is denied as the evidence does not support a higher initial rating for PTSD and there are no residuals of his service-connected tonsillectomy.

The Board denied service connection for PTSD and black lung. However, it granted service connection for a rash as due to undiagnosed illness, headaches as due to undiagnosed illness, and extreme fatigue and frequent bowel movements as due to undiagnosed illness.