PTSD (post-traumatic stress disorder) decisions — 2010

The Board found that the Veteran did not engage in combat with the enemy and his alleged stressors were not verified. Therefore, service connection for PTSD was denied as there is no credible evidence of an in-service stressor.

The Veteran's PTSD has been rated at 30 percent since August 2004. The Board has now granted a higher rating of 50 percent effective June 8, 2007.

The Board denied the Veteran's claim for an earlier effective date for a 70 percent disability rating for PTSD, finding that the criteria for such a rating were not met before June 2, 2004.

The Veteran's appeal is being remanded to obtain additional VA treatment records and to schedule him for a VA examination to determine the nature and etiology of his acquired psychiatric disorders, including PTSD.

The Veteran's service-connected PTSD is manifested by symptoms of depressed mood, anxiety, sleep impairment, detachment and isolation from others, hypervigilance, hyperarousal, and irritability resulting in moderately severe social and occupational impairment. The Board finds that the evidence supports a 50 percent disability rating for PTSD.

The Veteran's claim for service connection for residuals of a cold injury to the feet, bilateral hearing loss, and PTSD was denied. The Board found that there is no credible evidence supporting these claims.

The Veteran's PTSD is currently rated at 50 percent, and the Board has determined that a higher rating of 70 percent is warranted based on his symptoms.

The Board found that the Veteran's application for TDIU was not a new claim but rather a notice of disagreement, and thus did not warrant an earlier effective date. The evidence does not show unemployability due to service-connected disabilities prior to December 17, 2007.

The Veteran's spouse was added to his VA compensation award for PTSD effective November 7, 1996.

The Veteran's appeal for an increased rating for PTSD and major depressive disorder has been withdrawn. The issue of entitlement to a TDIU is addressed in the REMAND portion of this decision.

The Board has reopened the Veteran's claim for service connection for PTSD and determined that new evidence supports this reopening. The Veteran is now entitled to service connection for PTSD, Major Depressive Disorder, Generalized Anxiety Disorder, and Panic Disorder as these conditions are linked to his in-service stressor of a motor vehicle accident while stationed in Germany. Residual scarring from the head/facial injury sustained during the MVA has also been granted.

The Board has denied the Veteran's claims for service connection for PTSD, coronary artery disease, status-post myocardial infarction, an eye disability, a back disability, and a foot disability (claimed as 'bad feet'). The claim for lung disability, to include chronic obstructive pulmonary disease and asbestosis, is pending. Service connection has been established for major depressive disorder and anxiety disorder.

The Board has granted service connection for PTSD, finding that the Veteran's in-service stressor of near drowning meets the criteria for a diagnosis of PTSD.

The Veteran's claim of entitlement to service connection for PTSD is being remanded due to the need for a medical examination and opinion regarding his diagnosis and etiology.

The Board has reopened the claim of service connection for PTSD and granted it, finding that there is at least equipoise evidence in favor of the Veteran's claim based on verified stressors experienced during service.

The Board has determined that the Veteran engaged in combat during service and his reported stressors are consistent with the circumstances of his service. Therefore, his PTSD is granted as service-connected.

The Veteran's PTSD is rated at 30 percent prior to October 12, 2007 and at 50 percent from that date. The appeal for higher ratings remains pending.

The Board denied the Veteran's claims for service connection for PTSD, tinnitus, arthritis of multiple joints, an eye disorder, cold weather injury to the hands, fingers, legs, toes, and feet, bilateral pes planus, and hammer toe disability. The Veteran is not entitled to a compensable evaluation for his service-connected bilateral pes planus.

The Veteran's claim for an earlier effective date for the grant of service connection for PTSD was denied as there is no evidence of a timely filed claim to reopen prior to November 17, 2003.