PTSD (post-traumatic stress disorder) decisions — 2010

The Board denied the Veteran's claims of service connection for left hip disability, bilateral eye disability, and PTSD. The claim for low back disability was also denied as there was no evidence to support its relationship with service.

The Veteran's appeal is being remanded for further development, including a review of the new version of VA regulations regarding service connection for PTSD and an examination to determine if any claimed stressors are verified or accepted.

The Board has granted the Veteran's claim for service connection for PTSD, finding that his PTSD is at least as likely as not attributable to his military service and specifically an in-service sexual assault. The claims for right and left inguinal hernia residuals are being remanded due to new evidence.

The Veteran's claim for an earlier effective date for a 100 percent rating for service-connected posttraumatic stress disorder with paranoid schizophrenia, major depression, anxiety, panic attacks and cognitive disorder (claimed as organic brain syndrome) is dismissed due to the finality of the December 2004 rating decision.

The Veteran's claim for an effective date prior to September 26, 2006 for the grant of service connection for PTSD is granted. The claim for reopening a claim for depression secondary to PTSD is also granted.

The Veteran's PTSD is currently evaluated at a 30 percent disability rating, and the Board has determined that an initial 50 percent evaluation is warranted.

The Veteran's combined disability rating is 60 percent, which does not meet the criteria for TDIU on a schedular basis. The Director of Compensation and Pension Service determined that the Veteran is not entitled to TDIU on an extraschedular basis due to his incarceration.

The Veteran's PTSD has been granted service connection with an initial evaluation of 30 percent, effective December 19, 2006.

The Veteran's PTSD is currently rated at 30 percent, and the Board denied an increased rating. The TDIU claim was also denied.

The Board has remanded the Veteran's claim for additional development, including a VA examination to determine if service connection can be established for PTSD and other acquired psychiatric disabilities.

The Veteran's PTSD has been rated at 50 percent since May 12, 2009. The Board finds that the Veteran more closely approximates the criteria for a 70 percent rating over the entire appeals period.

The Board finds that the Veteran's service-connected PTSD contributed to his fatal myocardial infarction and cardiovascular disease, which led to his death. Therefore, service connection for the cause of the Veteran's death is granted.

The Board has remanded the case for further development to confirm the in-service stressor event and determine if any psychiatric condition is attributable solely to confirmed service events.

The Board has reopened the Veteran's claim for service connection for PTSD and granted it, finding that there is new and material evidence to support his claim. The Board also concluded that the Veteran's PTSD is likely attributable to his military service, particularly his fear of losing his life while serving in Vietnam.

The Board has granted the Veteran's claim for service connection for PTSD, finding that he incurred PTSD during his military service. The issue of compensation pursuant to 38 U.S.C.A. § 1151 due to overprescribed Xanax by a VA medical facility will be addressed in the REMAND portion and is being remanded.

The Board denied an earlier effective date for the grant of service connection for PTSD, finding that July 23, 1999 was the correct date due to the Veteran not appealing a previous denial and no clear and unmistakable error in that decision.

The Veteran's claims for service connection for PTSD and residuals of frozen feet were denied, and his claim for hearing loss was not granted. The Board found that the evidence did not meet the criteria for reopening the previously denied claims.

The Board has determined that the Veteran does not have PTSD, and his bilateral hearing loss disability is not shown to be related to service. The claims for service connection are therefore denied.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a psychiatric examination to determine the nature, extent, and etiology of any acquired psychiatric disorder. The Veteran's claim will be reconsidered in light of the new PTSD regulations.

The Veteran's claim for an increased rating for PTSD is being remanded due to the need for a new VA examination and consideration of recent medical records.