PTSD (post-traumatic stress disorder) decisions — 2013

The Board has restored service connection for bilateral hearing loss and tinnitus, and granted entitlement to a TDIU based on the Veteran's PTSD. The Veteran is found unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's PTSD is found to be service-connected as it meets the criteria for a current diagnosis and was incurred during active military service based on combat stressors.

The Veteran's claim for an earlier effective date for a 100 percent rating for PTSD was denied. The Board found that the earliest indication of total occupational and social impairment was not until November 2008, when the total schedular rating was assigned.,The Veteran's claim for TDIU prior to November 6, 2008 was also denied. The Board determined that there is no evidence showing the Veteran was unemployable as due to his sole service-connected disability (PTSD) before this date.

The Veteran's appeal has been withdrawn, and thus the case is dismissed.

The Board denied the Veteran's claims for an earlier effective date for service connection and increased ratings, as well as his eligibility for special monthly compensation (SMC) based on need for regular aid and attendance or at the housebound rate.

The Board is unable to make a final determination on whether new and material evidence has been submitted to reopen the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD. The appeal will be remanded to obtain additional VA medical records and Social Security Administration (SSA) disability benefits records.

The Board granted an effective date of November 17, 2008 for the award of a TDIU rating. The Veteran's service-connected disabilities, specifically PTSD and left hip disability, precluded him from securing or following substantially gainful employment.

The Veteran's appeal is remanded due to the need for additional development, including obtaining SSA records and VA treatment records. The issue of entitlement to service connection for PTSD will be reconsidered after this development.

The Board has determined that the Veteran does not meet the diagnostic criteria for PTSD and therefore, service connection is denied.

The Veteran's PTSD has resulted in total occupational and social impairment since September 1, 2007, warranting a 100 percent disability rating.

The Veteran's claim for service connection for major depression has been reopened and granted. The Board finds that the Veteran's current diagnoses of PTSD and major depression are related to her active military service.

The Veteran's PTSD has been productive of 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, chronic sleep impairment, avoidance of crowds, hypervigilance, and increased startle response. The current 30 percent evaluation is appropriate given the Veteran's symptoms.

The Veteran's appeal is being remanded due to the need for additional medical examinations and records, as well as correction of notice regarding secondary service connection.

The Board found clear and unmistakable error in denying an earlier effective date for the grant of service connection for PTSD, finding that the Veteran submitted a claim on November 15, 2004. The decision grants an effective date of November 15, 2004.

The Veteran's appeal is being remanded due to the need for a statement of the case on the issue of an initial compensable disability rating for PTSD and scheduling of a video conference hearing.

The Board has remanded the case for further development, including obtaining a new VA examination to determine if the Veteran has an acquired psychiatric disability, to include PTSD, and whether any such disability is related to service. The examiner must also address the potential stressors claimed by the Veteran.

The Veteran's PTSD was previously rated at 50 percent prior to December 5, 2012 and increased to 70 percent effective December 5, 2012. The Board found that the evidence did not support ratings in excess of these levels.

The Veteran's service connection claim for PTSD and Major Depressive Disorder is granted, with the disorders found to be related to in-service stressors and not due to a pre-existing personality disorder.

The Board has ordered additional development to address whether the Veteran's service-connected diabetes mellitus aggravated his diagnosed depressive disorder, and to obtain treatment records from the Richmond VA Medical Center.

The Veteran's PTSD is rated at 70 percent since April 8, 2011. The lung disorder and fainting spells are not service-connected.