PTSD (post-traumatic stress disorder) decisions — 2011

The Veteran's claim to reopen his previously denied claims for service connection for major depression and chronic acquired psychiatric disorder, including PTSD, has been granted. The case is remanded for further development regarding the specific stressors claimed by the Veteran.

The Veteran's service-connected disabilities, when considered together, are sufficient to render him unable to reliably perform gainful employment.

The Board has remanded the accrued benefits claims for papillary squamous cell carcinoma, degenerative joint disease of the cervical spine, right ankle disability, thyroid disability, PTSD, and depression to issue a Statement of the Case.

The Veteran's claim for an initial rating in excess of 30 percent for PTSD is being remanded due to the need for additional development, including obtaining outstanding treatment records and scheduling a new VA examination.

The Veteran's service-connected PTSD is found to preclude him from securing and following substantially gainful employment due to his disability, resulting in a TDIU rating.

The Veteran's PTSD was rated at 50% from November 17, 2004 to January 21, 2008 and increased to 70% since January 22, 2008. The claim for a higher rating is granted.

The Board has deferred the decision on educational assistance benefits pending resolution of the service connection claim for PTSD with secondary alcohol abuse. The Veteran's request for a video conference hearing and appeal regarding his character of discharge have also been noted.

The Veteran's claims for service connection for depression and PTSD were denied as there is no competent evidence of record to support these diagnoses.

The Veteran's claim for service connection for substance abuse addiction, claimed as secondary to his service-connected PTSD, has been denied. The evidence does not support a finding of current disability due to drug use incurred during or aggravated by service.

The Veteran's claim for service connection of submucous fibroids was denied, and her request for an earlier effective date for major depression with PTSD was also denied. The Board found that the earliest possible effective date is March 28, 2002.

The Board has determined that the Veteran does not have a current psychiatric disability, including PTSD. The Veteran did not experience chronic symptoms of a psychiatric disorder during active service and did not experience continuous symptoms after service. Therefore, the claim for service connection is denied.

The Board found that the Veteran's claims for PTSD and an acquired psychiatric disorder other than PTSD were denied as there is no credible evidence supporting his claimed stressors, and he did not meet the diagnostic criteria for PTSD.

The Board found that the Veteran's PTSD is not shown to be due to any incident of his military service and therefore denied the claim.

PTSD and arthritis of the knees were denied, while asthma was granted.,The denial for PTSD is due to lack of confirmed in-service stressors. Arthritis of the knees has no evidence within one year post-service.

The Veteran's acquired psychiatric disorder, including PTSD and depression, was diagnosed during service based on credible in-service stressors and has continued since. The Board finds that the preponderance of evidence supports the claim for service connection.

The Veteran's appeals for increased evaluations of PTSD were denied. The initial evaluation was granted at 30 percent from September 7, 2007 to May 15, 2010 and then increased to 70 percent since May 15, 2010.

The Veteran's acquired psychiatric disorder, including PTSD, depression, and anxiety disorder, is found to be service-connected due to in-service trauma. Residuals of a traumatic brain injury are also found to be service-connected. The right knee disorder is not rated higher than 10 percent.

The Board has remanded the case for additional development, including providing notice of recent regulatory amendments and attempting to obtain more information regarding the Veteran's alleged stressors. A VA examination is also required.

The appellant died during the appeal process, and therefore their claim for PTSD service connection is dismissed due to lack of jurisdiction.

The Veteran's appeal has been withdrawn before the Board could make a decision.