PTSD (post-traumatic stress disorder) decisions — 2009

The Veteran's death was caused by drowning, which is not service-connected. The Board finds that none of the Veteran's service-connected conditions contributed to his death.

The Board has remanded the case due to insufficient verification of the Veteran's reported stressors. The RO/AMC must attempt to verify these stressors and provide a supplemental statement of the case if any benefit sought remains denied.

The Veteran's PTSD is currently rated at 30 percent for the period beginning March 6, 2006. The Board has granted an increased rating to 50 percent effective from that date.

The Veteran's PTSD is currently rated at 70 percent, the highest available rating. The Board also found that his service-connected PTSD alone precludes him from engaging in substantially gainful employment.

The Veteran's PTSD was initially granted with a 10% evaluation, then increased to 30% in May 2006 and finally to 50% since April 13, 2009. The decision is mixed as some issues were granted while others remain pending.

The Veteran's claims for service connection for PTSD and prostatitis, as well as an earlier effective date for TDIU, were denied. The Board found that the evidence did not support a finding of service connection for PTSD due to lack of diagnosis. For prostatitis, the earliest effective date possible is July 2, 2002, when the Veteran filed his request to reopen his previously denied claim. For TDIU, the effective date was set at January 28, 1999, as it met the schedular requirements for a TDIU within one year of the Veteran's filing.

The Board has reopened the Veteran's claim for service connection for depression and anxiety, as new and material evidence has been submitted. The claims of service connection for PTSD, CAD, and a temporary total rating are remanded for further development.

The Veteran's PTSD causes mild to moderate occupational and social impairment, but does not meet the criteria for a higher disability evaluation.

The Veteran's appeal is remanded to schedule him for a VA examination to determine the severity of his service-connected PTSD, as he has not had one in over two years and his condition may have worsened.

The Veteran's PTSD is currently rated at 70 percent, the maximum schedular rating. The Board finds that his symptoms meet the criteria for a 100 percent disability rating under the General Rating Formula for Mental Disorders due to occupational and social impairment with deficiencies in most areas such as work, school, family relations, judgment, thinking, or mood.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of entitlement to service connection for PTSD.

The Veteran withdrew his appeal for the issues of arthralgia, peripheral neuropathy, ulnar neuropathy and pulmonary emphysema prior to a decision being made.

The Veteran's PTSD symptoms, including depression, sleep disturbances, a restricted affect, anti-social behavior, violent impulses with occupational impairment, and difficulty maintaining relationships, meet the criteria for an initial evaluation of 50 percent.

The Veteran's PTSD was initially rated at 30% prior to August 14, 2006 and denied for a higher rating beginning on that date. The Board found the evidence more closely approximated a 50% evaluation prior to August 14, 2006.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and verifying in-service stressors. The case will be readjudicated after the additional development.

The Board has granted the Veteran's claim for service connection for bilateral hearing loss and has reopened his previously denied claim of PTSD. The decision is based on new evidence submitted since the previous denial.

The Board has determined that the appellant's claim for Chapter 35 benefits was timely filed within one year of termination of her physical and/or mental disability, which prevented her from initiating her chosen program of education. The appeal is granted.

The Veteran's PTSD has been rated as 50 percent disabling, effective from the date of the decision.

The Board denied the Veteran's motion to revise the May 2007 decision, finding no clear and unmistakable error in denying an earlier effective date for PTSD service connection.

The Veteran's appeal is being remanded due to inconsistencies in his psychiatric symptomatology and the need for further examination. The RO must obtain additional medical records, arrange for a VA psychiatric examination, and readjudicate the claim.