PTSD (post-traumatic stress disorder) decisions — 2010

The September 1987 and March 1992 RO rating decisions continuing the Veteran's 30 percent disability ratings for PTSD were not found to contain CUE.,Both rating decisions were upheld as they did not contain a factual or legal error that would have undebatably and manifestly changed their outcome.

The Veteran's VA disability compensation benefits were terminated due to his status as a fugitive felon, and the overpayment of $7776.00 was denied because repayment would not be against 'equity and good conscience'.

The Veteran's PTSD is currently rated at 50 percent, and the Board found that it does not warrant a higher rating based on the symptoms described.

The Veteran's cause of death was not caused by or substantially contributed to by a service-connected disability. The Board found that the Veteran's PTSD did not contribute to his death, and even if his pulmonary condition did contribute, it was not related to his military service.

The Board has determined that the Veteran's timely and adequate Notice of Disagreement was filed within one year of the September 2006 rating decision, thus granting the appeal for all denied issues.

The Board found that the Veteran did not meet the criteria for service connection for PTSD due to lack of credible supporting evidence of in-service stressors and because he did not engage in combat with the enemy.

The Veteran's PTSD has been productive of such symptomatology as suicidal ideation and suicide attempts, neglect of personal hygiene, difficulty in adapting to stressful circumstances, racing thoughts, intrusive memories, anxiety, and an inability to establish and maintain effective work and social relationships. The Board finds that based on the totality of the evidence and after resolving any reasonable doubt in favor of the Veteran, the Veteran's disability approximates findings for a 70 percent disability evaluation.

The Veteran's claim for a TDIU is being remanded due to the need for additional development, including an examination to assess his employability given his service-connected disabilities.

The Veteran's PTSD has been rated at the maximum schedular rating of 100 percent, effective from October 2000. As a result, there is no longer an issue of fact or law pertaining to his claim for TDIU due to service-connected disability.

The Veteran's PTSD is currently shown to be productive of a disability picture that more nearly approximates occupational and social impairment with deficiencies in most areas, warranting an initial 70 percent evaluation.

The Veteran's PTSD is currently rated at 30 percent, and the Board finds that it does not warrant a higher rating.

The Veteran's unauthorized medical expenses incurred at the Dialysis Clinic, Incorporated in March, April and May of 2008 were not covered by VA because prior authorization was not obtained. The services provided were not rendered in a medical emergency of such nature that delay would have been hazardous to life or health.

The Veteran's PTSD has been rated at 30 percent since December 20, 2004. The VA examiner found that the Veteran's PTSD symptoms have caused occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily), warranting a rating no higher than 30 percent.

The Veteran's thoracolumbar strain with osteoarthritis and GERD have been granted initial ratings of 20 percent and 10 percent, respectively. The Veteran's PTSD remains at a 30 percent rating.

The Board has determined that the Veteran's PTSD is related to her service, specifically her exposure to Scud missile attacks during her deployment in Saudi Arabia. As a result, the claim for service connection for PTSD is granted.

The Veteran's claim for a higher evaluation for posttraumatic stress disorder is being remanded due to the need for additional medical examination and consideration of newly obtained treatment records.

The Board has determined that the Veteran had a valid PTSD diagnosis related to his service in Vietnam, and thus he was entitled to service connection for PTSD at the time of his death. As a result, the appellant is granted accrued benefits based on this condition.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for PTSD. The claim will now be evaluated on its merits.

The Board denied reopening the claim for service connection for PTSD due to lack of new and material evidence.

The Veteran's PTSD, migraine headaches, and DM are all found to be secondary to service-connected PTSD. The Veteran is granted increased ratings for these conditions.