PTSD (post-traumatic stress disorder) decisions — 2013

The Veteran's inpatient treatment for a service-connected disability did not exceed 21 consecutive days, thus the criteria for a temporary total evaluation due to hospital treatment were not met.

The Board found no evidence of hearing loss during service or for many years after discharge, and denied the Veteran's claims for service connection for hearing loss. The respiratory disorder claim was also denied as there is no indication of exposure to herbicides or other known risk factors. Service connection for PTSD was not granted due to lack of in-service diagnosis.

The Veteran's service-connected PTSD was not manifested by total occupational and social impairment, resulting in a denial of the higher initial rating request.

The Veteran's PTSD is currently rated at 30 percent prior to May 11, 2011 and at 70 percent thereafter. The Board finds that a remand is necessary for further development including a new VA examination and consideration of the TDIU claim.

The Veteran's appeal is being remanded to obtain additional VA treatment records and for further examinations of his PTSD, bilateral knee disabilities, and left wrist disability. The RO will then review the expanded record and readjudicate the issues on appeal.

The Board has remanded the case for additional development, including obtaining VA and private medical records, scheduling a VA examination to assess PTSD severity, and addressing the Veteran's claim of hearing loss. The appeal is not yet decided.

The Veteran's PTSD is manifested by a flattened or constricted affect, rapid or pressured speech, memory impairment, flashbacks, sleep disturbances, and Global Assessment of Functioning (GAF) scores primarily of 55 and below. The Board has determined that the criteria for a higher initial rating of 50 percent are met.

The Veteran's initial 30 percent rating for PTSD remains unchanged, but his claim is now pending due to new evidence submitted after the expiration of the appeal period. The case has been remanded for further development including a VA examination.

The Veteran's PTSD symptoms have caused reduced reliability and productivity, but not to the extent that would warrant a higher rating. The current disability is rated at 50 percent.

The Veteran's PTSD is currently rated at 30 percent, reflecting occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks due to symptoms such as depressed mood, anxiety, panic attacks occurring weekly or less often, and chronic sleep impairment. The lowest GAF score during the appellate period was 68.

The Veteran's claim for special monthly compensation (SMC) is denied as he does not meet the criteria under VA regulations, specifically failing to have a single service-connected disability rated at 100% and additional disabilities independently ratable at 60%.

The Veteran's PTSD with bipolar disorder has not met the criteria for a higher rating than 50 percent, as his symptoms have not caused occupational and social impairment with reduced reliability and productivity.

The Veteran's PTSD is rated at 70 percent since May 15, 2013, reflecting significant impairment in social and occupational functioning.

The Board has ordered the case to be remanded for a retrospective evaluation of when the Veteran first met the DSM-IV criteria for a diagnosis of PTSD, based on the receipt of additional unit history records. The effective date will be determined using the 2005 version of 38 C.F.R. § 3.156.

The Veteran's appeal is being remanded to the RO for a video conference hearing. The issues include service connection for hemorrhoids, initial disability rating for bilateral hearing loss, and increased ratings for PTSD.

The Veteran's claim for an increased rating of PTSD from May 10, 2007 was denied. The VA examiner found that the Veteran did not meet the criteria for a higher rating at this time.

The Veteran's claims for service connection for an acquired psychiatric disorder (including PTSD) and a gastrointestinal disability are being remanded due to inadequate VA medical opinions. The case will be further developed, including obtaining additional VA treatment records and scheduling the Veteran for another VA psychiatric examination.

The Board has ordered a new VA psychiatric examination to determine the nature and etiology of the Veteran's claimed PTSD, including whether any stressors are related to fear of hostile military or terrorist activity. The Veteran will be provided with an opportunity to respond to this remand.

The Board has denied the Veteran's claims for service connection for PTSD and granted service connection for an acquired psychiatric disability other than PTSD, diagnosed as a mood disorder manifested by depression with anxiety. The latter claim is based on secondary service connection due to its being caused or aggravated by his service-connected left shoulder disability.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation during the appellate period from May 30, 2008 to June 22, 2009.