PTSD (post-traumatic stress disorder) decisions — 2012

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge. The issues of service connection and reopening claims are not addressed as this case has been returned to the Board.

The Veteran's claims for increased evaluation of a left hand scar, reopening of migraine headaches and PTSD service connection claims have all been denied. The acquired psychiatric disability claim has not been addressed in this decision.

The Veteran's PTSD with depression is currently rated at 70 percent, and he meets the criteria for TDIU due to his service-connected disabilities.

The Veteran's service-connected disabilities, including PTSD and traumatic amputation of the left hand, are found to require regular aid and attendance due to his physical limitations and mental health issues. The Board has granted an increased rate of SMC based on this need.

The Board has determined that additional development is necessary to verify the Veteran's claimed in-service stressor event and determine if it occurred. The Veteran contends he witnessed a fellow soldier accidentally kill himself, but there is no evidence of such an incident during his service at Camp Pendleton.

The Veteran's PTSD with alcoholism and insomnia resulted in reduced reliability and productivity from January 4, 2007 through September 29, 2008. From September 30, 2008, the disability produced deficiencies in most areas including work, family relations, and mood.

The Veteran's appeal is being remanded for additional development, including new VA audiological and psychiatric examinations to address the claims of bilateral hearing loss, tinnitus, and PTSD.

The Veteran's PTSD is currently rated at 50 percent, effective March 5, 2008. The rating reflects occupational and social impairment with reduced reliability and productivity due to symptoms such as intrusive thoughts, avoidance of thoughts, irritability with outbursts of anger, unremarkable speech, intact judgment, and logical thoughts.

The Board has granted a rating of 70 percent for PTSD, the highest available under the schedular criteria, and found that the Veteran's disability picture most closely approximates this level of impairment. The claimant is also entitled to TDIU.

The Veteran's claim for basic eligibility for educational assistance under Chapter 33, Title 38, United States Code is denied as his service was characterized as honorable conditions and the reason for discharge was misconduct, not a service-connected disability.

The Veteran's service-connected PTSD is found to be sufficiently severe to preclude him from securing or following a substantially gainful occupation, consistent with his education and occupational experience.

The Veteran's appeal for a higher rating for PTSD was dismissed due to his death.

The Board found that the evidence did not establish a causal relationship between the Veteran's claimed PTSD and his service, thus denying his claim for service connection.

The Board found that the Veteran did not have a current psychiatric disability related to service and denied his claim for service connection.

The Veteran's PTSD was rated at 50 percent effective February 2003, and the Board has now granted a higher rating of 70 percent beginning December 30, 2009.

The Veteran's PTSD has been manifested by complaints of sleep disturbances, irritability, emotional detachment, hypervigilance, and exaggerated startle response. However, these symptoms have not resulted in total occupational and social impairment or significant deficiencies in most areas.

The Board has remanded the case for additional development due to inadequate statements of reasons or bases and failure to satisfy duty to assist. The Veteran's claims for service connection are being reviewed again.

The Veteran's PTSD warrants a rating of 70 percent during the period from June 17, 1999, to January 4, 2007.

The Veteran's claim of service connection for an acquired psychiatric disorder, to include schizophrenia and PTSD, is being remanded due to the need for additional evidence and a new examination.

The Board denied service connection for thoracolumbar scoliosis with sacralization, L5. The claim for shortening of the right lower extremity was withdrawn by the Veteran. Service connection for PTSD was not established due to lack of verified in-service stressor.