PTSD (post-traumatic stress disorder) decisions — 2009

The Board found no clear and unmistakable error (CUE) in the June 1996 rating decision that denied service connection for PTSD, as there was no evidence of CUE in applying the correct laws and regulations at the time.

The Veteran's claim for an earlier effective date for a 100% disability rating for PTSD was denied as there is no evidence of an increase in disability within the one-year period prior to October 12, 2001.

The Veteran's appeals for service connection and rating were denied. The RO granted service connection for tension headaches associated with seizure disorders, but assigned a noncompensable rating.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims of service connection for post-traumatic stress disorder, immune disorder, sinus disorder, and post-operative benign neck mass residuals including scars. The Veteran's claim for a compensable disability evaluation for acne vulgaris of the face, the neck, and shoulders and right forearm nummular eczema remains pending.

The Board denied service connection for PTSD because there is no competent evidence linking the Veteran's verified in-service stressor to a diagnosis of PTSD.

The Veteran's claim for an earlier effective date for PTSD was granted, with the effective date set at June 4, 1997.

The Veteran's PTSD has been rated at 50 percent since June 8, 2004, and the Board found that it does not meet the criteria for a higher rating.

The Veteran's right salpingo-oophorectomy and PTSD are being remanded for further development as the current evidence does not provide sufficient information to make a determination.

The Board has granted service connection for PTSD and major depressive disorder, finding that the Veteran's account of his stressors is credible and supported by medical evidence.

The Veteran's claim for service connection for PTSD was denied, and his claims for increased evaluations of lumbar myositis were also denied. The Board found no current diagnosis of PTSD and insufficient evidence to establish a link between the claimed in-service stressors and current symptoms.

The Veteran's claim for service connection for PTSD was denied because the stressor, which led to his diagnosis of PTSD, could not be verified.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board finds that his TDIU claim is granted.

The Board has remanded the case for further development to verify any stressors claimed by the appellant and for an additional examination if needed.

The Veteran's post-traumatic stress disorder is characterized by social isolation, a chronically depressed mood, flashbacks, intrusive thoughts, nightmares, and poor sleep, resulting in reduced reliability and productivity in social and occupational functioning. The Board finds that the criteria for the award of an increased rating of 50 percent have been met.

The Veteran's claims for service connection have been dismissed due to his failure to respond to requests for further evidence within a year of the requests.

The Board granted service connection for a bilateral foot condition, but denied claims for other conditions. The effective date of the 60 percent disability evaluation for degenerative disc disease of the lumbar spine was set at January 1, 2005.

Throughout the rating period on appeal, the Veteran's acquired psychiatric disability has not been manifested by symptoms such as circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short and long term memory; abstract thinking, and judgment. Occupational and social impairment with reduced reliability and productivity has not been demonstrated.

The Board has determined that the Veteran does not have a current diagnosis of PTSD, which is required for service connection. The claim is therefore denied.

The veteran's PTSD resulted in severe difficulty in adapting to stressful circumstances, including work or a worklike setting. A 70 percent rating is granted effective from September 1, 2005.

The Board has remanded the case for further development due to VA's failure to obtain all of the Veteran's medical records, including those from a PTSD coping skills group and an anger management group. The RO/AMC will need to clarify whether the Veteran served in combat or if his claimed stressors have been corroborated.