PTSD (post-traumatic stress disorder) decisions — 2010

The Board has determined that the Veteran currently suffers from a generalized anxiety disorder, which is considered to be service-connected due to an in-service injury.

The Veteran's PTSD has been manifested by significant difficulties with sleep disturbances, flashbacks, hypervigilance, and startle response, anxiety, irritability, impairment of impulse control, difficulty with concentration, and panic attacks. The Board finds that the evidence is at least in relative equipoise on whether the Veteran's PTSD symptomatology meets the criteria for a 70 percent rating since September 2006.

The Veteran's claims for higher initial ratings for his knee and ankle disabilities, as well as his claim for service connection for hearing loss, were denied. The RO assigned non-compensable ratings to the Veteran's left knee disability, right knee disability, and left ankle disability.

The Veteran's claim for service connection for PTSD has been denied due to the lack of verified in-service stressors. The issue of entitlement to service connection for a left knee disability was withdrawn by the appellant.

The VA determined that the Veteran's PTSD disability did not warrant an evaluation in excess of 30 percent, as his symptoms were consistent with a 30 percent rating.

The Board found that the Veteran does not have PTSD due to any incident of his active duty service and denied both claims for service connection.

The Board has determined that new and material evidence has been received to reopen the previously denied claim for service connection for PTSD. The Veteran's statements about his in-service stressors are accepted as satisfactory evidence of their occurrence, and he was diagnosed with PTSD by a VA psychologist.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge at his local RO.

The Board has determined that new and material evidence was not received to reopen claims for low back disability, residuals of head injury (other than headaches), right leg disability, sinusitis, diabetes mellitus, type II, peripheral neuropathy, cardiovascular disability, diabetic retinopathy, throat disability, and PTSD. The Veteran's claims are denied.

The Veteran's claim for an earlier effective date prior to April 30, 2004, for the assignment of a 40 percent evaluation for service-connected residuals of gunshot wound, right triceps and biceps, to include degenerative changes and loss of motion of the right shoulder was denied. The Board found that it was not factually ascertainable based on the lay and medical evidence of record that the Veteran's residuals of gunshot wound were severe in nature prior to April 30, 2004.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining service records and any relevant medical records. The case will be returned to the Board after this review.

The Board has determined that the Veteran's PTSD is at least as likely as not attributable to his military service, specifically to in-service sexual assault. The claim for service connection is granted.

The Board has remanded the case for additional development including obtaining medical records, SSA records, and scheduling a psychiatric examination. The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, is pending.

The Veteran's service-connected disabilities are shown to be of such a nature and severity as to preclude the performance of all types of substantially gainful employment, warranting a total evaluation based on individual unemployability due to service-connected disabilities.

The Veteran's appeal is being remanded for further development of his PTSD claim, including obtaining medical records and ensuring all relevant evidence has been considered.

The Veteran's PTSD has not resulted in more than occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks since December 28, 2006. The Board found that the preponderance of evidence does not support a rating higher than 30 percent.

The Veteran's service-connected disabilities do not prevent him from securing and retaining some type of substantially gainful employment.

The Veteran's appeal is being remanded for further development, including scheduling a hearing before a Veterans Law Judge.

The Veteran's service-connected disabilities, including PTSD, did not render him incapable of obtaining or sustaining substantially gainful employment prior to January 26, 2004. The Board finds that the criteria for an earlier effective date for TDIU are not met.

The Board has remanded the case for additional development, including verifying the Veteran's service in the Persian Gulf and obtaining his Navy reserve records. The PTSD claim will be adjudicated based on whether the claimed stressors are related to fear of hostile military or terrorist activity.