PTSD (post-traumatic stress disorder) decisions — 2010

The Veteran's appeal is being remanded for a new examination to assess the severity of his PTSD and its impact on his employment, as well as for VA treatment records from an intensive outpatient program he plans to start.

The Veteran's PTSD is currently rated at 70 percent, qualifying him for a TDIU rating.

The Veteran's PTSD is characterized by symptoms such as depression, anxiety, insomnia, nightmares, memory problems, and auditory and visual hallucinations. The Board has determined that a disability rating of 50 percent, but no higher, is warranted for the Veteran's PTSD.

The Board found that the evidence submitted since the April 1994 rating decision is not material and does not raise a reasonable possibility of substantiating the claim for service connection for PTSD. As such, the Veteran's claim to reopen his PTSD claim was denied.

The Veteran's claim for an increased evaluation for PTSD is being remanded due to the need for further development, including a VA psychiatric examination.

The Board has decided to remand the case for a VA examination and further development due to changes in PTSD service connection regulations.

The Veteran's service-connected PTSD with depression and anxiety is rated at 50 percent effective August 25, 2008. The disability picture more nearly approximates occupational and social impairment with reduced reliability and productivity.

The Veteran's PTSD with secondary depressive disorder is currently evaluated at 70 percent, and the Board finds that his symptoms do not warrant a higher rating as he does not meet the criteria for total occupational and social impairment.

The Veteran's PTSD is currently evaluated as 50 percent disabling, which meets the criteria for a TDIU rating. However, since he only has one service-connected disability and it does not meet the percentage requirements (PTSD rated at 60% or more), a schedular TDIU rating cannot be granted.

The Veteran's claim for an earlier effective date for a 30% disability rating for PTSD was denied. The RO assigned the initial 10% disability rating in December 1971 based on the evidence available at that time, and no CUE is found.

The Veteran's service-connected disabilities do not preclude substantially gainful employment, and the Board finds that the preponderance of the evidence is against his claim for a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has determined that the Veteran's PTSD is likely due to her experiences in service and grants service connection for a chronic acquired psychiatric disability, specifically PTSD.

The Veteran's PTSD is rated at 70 percent effective September 20, 2007. The earlier effective dates for TDIU and DEA are granted.

The Veteran's claim for service connection for a psychiatric disorder, to include PTSD, is being remanded due to the need for additional development and consideration under the amended regulations.

The Board has granted the petition to reopen the claim and determined that new evidence received since September 2003 is sufficient to establish service connection for PTSD. The Veteran's reported traumatic events in Korea are credible, and his current diagnosis of PTSD is related to these events.

The Board found that the Veteran does not have a confirmed diagnosis of PTSD and her currently diagnosed generalized anxiety disorder and depression are not related to symptoms she experienced during service.

The Veteran's claim for an increased rating for PTSD has been granted, with a 50% rating prior to November 24, 2008 and a 70% rating beginning on that date. The appeal is now remanded due to the need for additional development of records.

The Board has determined that there is no competent medical evidence of a diagnosis of PTSD related to service or any incident therein, and the Veteran's major depression was not incurred in, or aggravated by, active military service.

The Veteran's claim for service connection for PTSD based on an inservice personal assault was denied as there is no credible supporting evidence that the claimed inservice stressor of sexual assault actually occurred.

The Board has determined that there is a need to provide proper VCAA notice and complete the development of the Veteran's in-service stressor claims before proceeding with the adjudication of his service connection claims.