PTSD (post-traumatic stress disorder) decisions — 2009

The Veteran's PTSD was granted service connection, but his right ear hearing loss claim was denied.

The reduction in the disability rating of the Veteran's service-connected adenocarcinoma of the prostate status post radical retropubic prostatectomy from 100 to 20 percent, effective June 1, 2007, was proper.

The Board remands the claim for a VA PTSD examination to determine if the verified incident of accompanying his brother's remains is sufficient to be considered a stressor for a PTSD diagnosis.

The veteran's PTSD is permanent and static in nature, with no likelihood of improvement, and a total and permanent rating for PTSD was granted.

The appeal is remanded for additional development, including a VA examination to determine if the Veteran has PTSD related to a train derailment during his National Guard service.

The Board denied the veteran's claim for an earlier effective date for a total disability rating based upon individual unemployability (TDIU) as there was no evidence of any earlier unadjudicated formal or informal claim for TDIU nor any factually ascertainable evidence demonstrating that entitlement to TDIU arose prior to January 2, 2001.

The Veteran did not submit a timely substantive appeal and the issue of entitlement to an initial rating in excess of 50 percent for PTSD is dismissed for lack of jurisdiction.

The veteran's PTSD was rated at 50 percent prior to August 11, 2007, and increased to 70 percent as of that date. The veteran is also entitled to a total disability evaluation based on individual unemployability due to service-connected PTSD starting from the same date.

The Board found that the Veteran does not have a current diagnosis of PTSD and denied service connection for post traumatic stress disorder.

The veteran's claims for service connection for PTSD and increased ratings for bilateral knee chondromalacia were denied due to insufficient evidence of a verified or potentially verifiable in-service stressor related to the claimed PTSD, and no functional loss that equates with flexion being limited to 60 degrees or less or extension limited to less than 10 degrees for either knee was demonstrated.

The Veteran's PTSD was rated at 70 percent effective from June 17, 2007, resolving all reasonable doubt in favor of the Veteran for a disability rating of 70 percent and no more for the period prior to that date.

The Veteran's anxiety disorder has been manifested by occupational and social impairment with reduced reliability and productivity, but not to the extent of deficiencies in most areas. A rating in excess of 50 percent is therefore not warranted.

The Board denied service connection for heart disease, chronic obstructive pulmonary disease, and arthritis of the thoracolumbar spine. However, it granted service connection for post-traumatic stress disorder (PTSD) based on new and material evidence.

The veteran's post-traumatic stress disorder was rated at 50 percent before September 7, 2004, and increased to 70 percent from that date due to symptoms including deficiencies in most areas such as family relations, judgment, thinking, and mood.

The Board found that the Veteran's PTSD did not meet the criteria for a 100 percent evaluation, and his non-union fracture of the left carpal navicular (minor) did not warrant an increased rating.

The veteran withdrew his appeal before the Board promulgated a decision, resulting in the dismissal of the case.

The veteran's PTSD has been rated at 70 percent since August 2003, as it is manifested by occupational and social impairment with deficiencies in most areas. The rating of 70 percent was granted for this period.

The appeal is remanded to the RO for further development of evidence regarding a verified in-service stressor.

The appeal is remanded to obtain additional evidence and conduct further development of the claims for service connection for various disabilities.

The Veteran's claim for an evaluation in excess of 50 percent for his service-connected post traumatic stress disorder (PTSD) was remanded to obtain additional evidence and a more contemporaneous VA examination.