PTSD (post-traumatic stress disorder) decisions — 2014

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for PTSD and depression, which were previously denied in 2008. The claim is now reopened.

The Board found that the Veteran's allegations of Vietnam service and stressors were not credible, and thus denied his claims for PTSD and diabetes due to herbicide exposure.

The Veteran's PTSD has been rated at 70 percent since January 11, 2002. The Board finds that the disability picture associated with PTSD during the period prior to February 13, 2008 more closely approximates occupational and social impairment with deficiencies in most areas.

The Board has determined that further development is needed to address the Veteran's claims for service connection, including determining whether a specific in-service stressor exists and corroborating it.

The Board denied service connection for a respiratory disorder and PTSD due to lack of current disability, despite evidence of past episodes during service.

The Veteran's tinnitus is found to be related to his combat service, and he is granted service connection for this condition. The Board finds additional development necessary for the remaining issues as the Veteran reported worsening of these conditions since the last VA compensation examinations.

The Veteran's PTSD with major depression is rated at 70 percent, effective from the date of his claim. The claims for service connection for low back and right elbow disabilities have been reopened and are granted. Increased ratings were granted for left carpal tunnel syndrome (prior to June 10, 2010) and left carpal tunnel syndrome (from June 10, 2010). An increased rating of 40 percent was granted for the left elbow disability. The Veteran's GERD with IBS is rated at 30 percent from January 31, 2013. Service connection has been established for right carpal tunnel syndrome. A TDIU was granted prior to September 30, 2009. The reduction in the left carpal tunnel syndrome rating from 40 percent to 20 percent effective January 31, 2013 is upheld.

The Veteran's PTSD is productive of occupational and social impairment, with reduced reliability and productivity due to symptoms such as flattened affect, circumstantial speech, panic attacks more than once a week, difficulty understanding complex commands, impaired short- and long-term memory, impaired judgment, and disturbances of motivation and mood. The Board finds that the evidence supports a 50 percent disability rating for PTSD.

The Veteran's PTSD and intermittent psychotic episodes prior to June 9, 2010 did not meet the criteria for a higher initial rating. Effective June 9, 2010, his PTSD with intermittent psychotic episodes warranted a 100% rating.

The Board has remanded the case for additional development to determine if the Veteran's acquired psychiatric disorder, including PTSD and depression, is related to his service. The TBI issue will also be addressed.

The Board has remanded the case due to the need for additional development, including obtaining complete paper copies of any Social Security Administration (SSA) disability determination and associated medical records.

The Veteran's appeal is remanded due to the need for additional medical records and a new VA examination to assess his current psychiatric condition.

The Board has remanded the case for additional development, including obtaining mental health treatment records and arranging for a VA examination to determine whether any psychiatric disability had its onset during active service or was aggravated by military service.

The Veteran's unauthorized medical expenses incurred at Baptist Medical Center Hospital from September 25 - 29, 2009 were denied as the emergency treatment was not considered to be of such nature that a prudent layperson could have reasonably expected delay in seeking immediate medical attention would be hazardous to life or health.

The Veteran's case is being remanded due to the need for additional development, including obtaining Social Security Administration records and all records related to his September 2013 claims for increased ratings and for a TDIU.

The Board found that the Veteran's reported stressor did not meet the criteria for a diagnosis of PTSD, and thus denied service connection for PTSD. The claim for an acquired psychiatric disability (other than PTSD) is being remanded.

The Board found that the Veteran's acquired psychiatric disability, including anxiety, depression, and PTSD, was not incurred in or aggravated by active service. The claim for an initial compensable rating for dermatitis of the feet also failed to meet the criteria.

The Board has determined that the Veteran's acquired psychiatric disorders, including anxiety disorder NOS and PTSD, are related to his period of active service. Service connection is granted.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of these claims as he is no longer alive.

The Veteran's service-connected psychiatric disability has been rated at 50 percent since July 31, 2008. The Board found that the criteria for a higher rating of 70 percent were met for most of the period on appeal.,A 100 percent rating was not granted as total occupational and social impairment was not demonstrated.