PTSD (post-traumatic stress disorder) decisions — 2015

The Veteran's PTSD prior to March 7, 2012 resulted in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks. The criteria for a higher rating were not met.

The Veteran's PTSD has been rated at 50 percent since May 9, 2008. The rating is based on the symptoms and impairment described by the VA examiners.

The Veteran's PTSD was found to have resulted in occupational and social impairment with deficiencies in most areas, such as work, family relations, thinking, and mood. The VA determined that a 70 percent evaluation is warranted for this period.

The Veteran's PTSD is currently rated at 70 percent disabling, effective May 4, 2013. The rating reflects the severity of his symptoms which include sleep impairment, hypervigilance, panic attacks, and thought process impairment.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his PTSD and whether he is unemployable due to service-connected disabilities.

The Veteran's appeal is currently pending on whether new and material evidence has been received to reopen his claim for service connection for PTSD. Additionally, the issue of whether the October 1981 decision containing a denial of service connection for a psychiatric disability contained clear and unmistakable error (CUE) remains in dispute.

The Veteran's appeal has been withdrawn by his authorized representative, resulting in the dismissal of the case.

The Veteran's claim for an earlier effective date for the grant of service connection for PTSD was denied as there was no clear and unmistakable error in the prior rating decisions, and the earliest possible effective date is June 23, 2009.

The Veteran's claim for an initial rating in excess of 30 percent for PTSD is being remanded due to the need for a new VA examination and the possibility that there are outstanding treatment records.

The Veteran withdrew his appeals for an initial increased disability rating in excess of 10 percent for peripheral neuropathy, right lower extremity and left lower extremity.,The Veteran withdrew his appeal for an increased disability rating in excess of 30 percent for PTSD.,The Veteran withdrew his appeal for an initial increased disability rating in excess of 10 percent prior to December 12, 2012, for degenerative joint disease of the left knee, status post total knee arthroplasty.,The Veteran withdrew his appeal for an increased disability rating in excess of 60 percent prior to September 30, 2013, and in excess of 30 percent from January 17, 2014, for coronary artery disease, status post myocardial infarction and stenting.,The Veteran withdrew his appeal for service connection for GERD.,The Veteran withdrew his appeal regarding whether new and material evidence has been received to reopen a claim for service connection for sleep apnea, to include as secondary to PTSD or coronary artery disease.

The Veteran's appeal is being remanded due to the need for a Board hearing and issuance of a Statement of the Case in connection with the overpayment of disability compensation benefits issue.

The Veteran's appeal is remanded for additional development, including a new VA examination for PTSD and a TDIU evaluation. The case will be returned to the Board for further review.

The Board has determined that a new VA psychiatric examination is needed to assess the current level of severity of the Veteran's PTSD, as the most recent VA examination was conducted over 4 years ago.

The Veteran's PTSD has been rated at 30 percent since August 16, 2010. The appeal for a higher rating is denied.

The Board found that new and material evidence had not been submitted to reopen any of the Veteran's previously denied claims for service connection, including those for a spinal disorder, headaches, PTSD, fibromyalgia, and allergic rhinitis.

The Board has granted service connection for an acquired psychiatric disorder, to include PTSD, based on new and material evidence.

The Veteran's claim for PTSD includes a claim for depression and adjustment disorder. Additional development is needed to assist the Veteran with his claims, including obtaining VA treatment records from outside psychiatrists, determining if the Veteran's unit was involved in any crossfire during service, and scheduling a VA examination to determine if the diagnosed psychiatric disorders are related to service.

The Veteran's acquired psychiatric disorders, including PTSD and an anxiety disorder, are found to be service-connected as they are related to his military service.

The Veteran's appeal is being remanded due to the need for additional VA treatment records. The case will be reconsidered after these records are obtained.

The Board has restored the Veteran's previous 100% disability rating for PTSD, finding that material improvement in his condition was not demonstrated and that such improvement would not be maintained under ordinary conditions of life.