PTSD (post-traumatic stress disorder) decisions — 2009

The Veteran's PTSD has been rated at the highest available level (70%) since July 2, 2005. The RO granted an initial evaluation of 70 percent for PTSD in a June 2006 rating decision.

The Board has decided to remand the case for additional development due to the need to verify the Veteran's claimed stressors and determine the nature of any diagnosed psychiatric disorder, including PTSD.

The Veteran's service-connected PTSD has been productive of a disability picture that more nearly approximates that of social and industrial impairment with deficiencies in most areas and an inability to establish and maintain effective relationships, warranting a 70 percent rating.

The Board found that the Veteran did not engage in combat and there is no credible evidence to support his claimed stressors. Therefore, service connection for PTSD was denied.

The Veteran's PTSD has been manifested by reduced reliability and productivity, with symptoms such as flattened affect, circumstantial speech, panic attacks more than once a week, difficulty understanding complex commands, impairment of short- and long-term memory, impaired judgment, and disturbances of motivation and mood. The Board finds that the disability picture most nearly approximates a 50 percent rating for PTSD.

The Veteran's service-connected disabilities prevent him from obtaining substantially gainful employment, and the Board grants TDIU.

The Board found that the Veteran's pre-existing skin disorder was aggravated during active service and granted service connection for it. The claim for memory loss other than PTSD is denied as not related to service, but the Veteran's PTSD is granted a higher rating.

The Board has determined that the Veteran's PTSD was incurred in active service due to an inservice sexual assault.

The Board denied the Veteran's claims for service connection for posttraumatic stress disorder and essential hypertension, finding insufficient evidence to support these claims.

The Veteran's PTSD was rated at 50 percent prior to January 24, 2003 and increased to 70 percent from that date. The decision is granted for the higher rating.

The Board denied the appellant's claim for an earlier effective date for TDIU, finding that the grant of service connection for PTSD in September 1999 was a contributing factor to the TDIU award. The effective date could not be prior to March 2, 1999 due to the appellant not meeting the minimum requirements for TDIU.

The Board denied service connection for a psychiatric disability, including schizophrenia, depression, and/or PTSD. The Veteran's claim was also denied regarding neurologic and neuropsychological signs and symptoms being the result of an undiagnosed illness.

The Board found no evidence to support the Veteran's claim of service connection for PTSD and depression, as the claimed stressor was not verified and the Veteran's account of events was deemed incredible.

The Veteran's PTSD is currently rated at 30 percent for the period prior to March 15, 2005. From March 15, 2005 to September 16, 2007, he is rated at 50 percent. Beginning on September 17, 2007, his PTSD warrants a rating of 70 percent.

The Veteran's claims for an earlier effective date for the grant of service connection for PTSD and for a TDIU rating are dismissed as there is no remaining case or controversy over which the Board has jurisdiction.

The Board has determined that the Veteran does not have PTSD that is attributable to a combat stressor, a verified non-combat stressor in service, or an in-service stressor resulting from the Veteran's own willful misconduct. Therefore, service connection for PTSD is denied.

The Board found that the Veteran's acquired psychiatric disorders did not manifest during or within one year after service and are not related to any aspect of active duty or active duty for training.

The Veteran's PTSD was granted and rated at 50 percent effective from August 31, 2005.

The Veteran's claims for service connection for PTSD, residuals of a head wound, and residuals of a buttocks wound were denied as there is no competent medical evidence associating any of these conditions with his active service.

The Board has ordered the case back to the RO for additional development, including obtaining SSA disability decision and related evidence, scheduling a VA psychiatric examination, rating the Veteran's disabilities under the Schedule for Rating Disabilities, and considering whether the Veteran is totally disabled or unemployable due to his disabilities.