PTSD (post-traumatic stress disorder) decisions — 2014

The Board found that the May 2002 rating decision, which granted service connection for PTSD and assigned an effective date of August 31, 2000, contained clear and unmistakable error due to failure to reconsider the Veteran's initial claim as required by 38 C.F.R. § 3.156(c).

The Board has remanded the case to the RO for further proceedings consistent with a December 2013 Joint Motion for Remand, including obtaining additional medical evidence and providing an adequate statement of reasons and basis for its decision.

The case is being remanded for further development, including obtaining SSA records and VA treatment records. The Veteran's hypertension, bilateral upper extremity peripheral neuropathy, and PTSD claims will be reviewed again with additional examinations to determine the etiology of these conditions.

The Veteran's appeal for service connection for an acquired psychiatric disability other than depression, to include PTSD, has been withdrawn.

The Board has determined that the Veteran's claimed psychiatric disorders, including depressive disorder and PTSD, were not incurred in or aggravated by service. The claim is denied.

The Veteran's PTSD is currently rated at 50 percent, which reflects the severity of his symptoms and impairment in social and occupational functioning.

The Veteran's claim of service connection for PTSD was denied as there is no credible supporting evidence for the claimed in-service stressor.

The Board awarded service connection for PTSD in October 1997 and the RO subsequently granted special monthly compensation (SMC) based on housebound status due to PTSD. Attorney C. received $60.28 as a fee from past-due benefits related to this SMC award, which was within the allowable limit of 20% of the total amount awarded.

The Veteran's claim for service connection for a low back disability, acquired psychiatric disability to include PTSD, renal problems, bilateral lower extremity peripheral neuropathy, and bilateral lower extremity peripheral vascular disease has been granted. The decision also includes the reopening of his previously denied claim for service connection for a leg and back disability.

The Veteran's PTSD does not result in occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. Therefore, the claim for an initial disability rating higher than 50 percent for PTSD is denied.

The Board has determined that the appellant is not entitled to improved death pension benefits due to her countable annual family income exceeding the maximum annual pension rate (MAPR). The cause of death claim remains pending and will be remanded for additional development, including obtaining private medical records and an expert medical opinion.

The Veteran's PTSD is found to be incurred in service, and the claim for service connection is granted.

The Veteran's claim for an earlier effective date for the grant of service connection for PTSD was denied because no formal or informal application for service connection prior to April 3, 2009 has been found. The earliest possible effective date provided by law is granted.

The Board has determined that the Veteran's PTSD is incurred as a result of service, and service connection for this condition is granted.

The Board has determined that the appellant's discharge from service is dishonorable and a bar to VA benefits. However, he was entitled to healthcare benefits under Chapter 17 for any disability determined to be service-connected during his period of service.

The Veteran's claims for service connection for diabetes mellitus, type II and a lung disability (to include COPD and emphysema) were denied as there is no evidence of in-service disease or injury, and the current diagnoses are not shown to be related to military service.

The Veteran's PTSD is currently rated as 50 percent disabling prior to October 21, 2011. The Board finds that the criteria for a higher rating are not met.

The Veteran's claim of entitlement to service connection for PTSD is being remanded due to the need to verify his reported in-service stressful events.

The Veteran's appeal is being remanded due to his request for a hearing before a Veterans Law Judge sitting at the RO. The issues of reopening the claim for squamous cell carcinoma and increasing the PTSD disability rating remain in appellate status.

The Board has remanded the Veteran's claims due to the need for additional development and examination.