PTSD (post-traumatic stress disorder) decisions — 2017

The Veteran's psychiatric disabilities, including PTSD, are related to service-related stressors and physical/sexual assaults in the brig. The Board finds a need for a new VA examination to clarify the nature and etiology of his current psychiatric conditions.

The Board has determined that additional development is needed to locate the Veteran's complete service personnel records and service treatment records, including any hospitalization records. The AOJ will then review these records for evidence of stressor events in service and whether the Veteran served in circumstances consistent with a fear of hostile action.

The Board has determined that a new VA examination is needed to determine the current diagnoses and their relationship to service, as there are conflicting medical opinions.

The Board has determined that the Veteran's service-connected PTSD and bipolar disorder do not meet the criteria for a permanent and total disability rating due to their chronic nature and improvement with treatment.

The Veteran's PTSD was rated at 30 percent, the maximum schedular rating for this condition. The claim of reopening a hepatitis service connection claim has been denied as no new and material evidence has been submitted. Other claims were either not granted or are pending.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for ischemic heart disease, as there is no current diagnosis of this condition. The reopened PTSD claim will be further evaluated based on the provided evidence.,New and material evidence has been received sufficient enough to reopen the Veteran's claim for PTSD, with a new theory of entitlement based on fear of hostile military or terrorist activity.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The TDIU claim is also being addressed.

The Veteran's claims for an effective date prior to June 3, 2011 for service connection of schizoaffective disorder bipolar type with PTSD and prior to January 31, 2012 for service connection of tardive dyskinesia were denied.,The RO assigned a 100% evaluation for the psychiatric disability effective June 3, 2011. A noncompensable (zero percent) rating was assigned for the tardive dyskinesia effective January 31, 2012.

The Veteran's appeal is being remanded for scheduling a videoconference hearing at the RO. The issues of entitlement to an initial rating in excess of 30 percent for PTSD and bipolar affective disorder are not addressed as they have been remanded.

The Veteran's claim for an increased rating for PTSD was denied, and he is currently assigned a 70% disability rating effective September 21, 2015. The issue of entitlement to TDIU is moot due to the grant of a total (100%) rating for PTSD.

The Board has reopened the claim of entitlement to service connection for an acquired psychiatric disorder, including PTSD and anxiety disorder. The evidence received after the final denial in 2007 is considered new and material as it relates to unestablished facts necessary to substantiate the claim.

The Veteran's claim for service connection for PTSD was denied. The claim for an initial rating higher than 10 percent for the low back disability was granted.

The Veteran's PTSD causes total occupational and social impairment, warranting a 100 percent initial rating since April 29, 2011.

The Veteran's service-connected PTSD does not render him incapable of securing or following a substantially gainful occupation, and the criteria for extraschedular consideration have not been met.

The Board has determined that the Veteran does not have PTSD based on any service-related stressor and therefore, his claim for service connection for an acquired psychiatric disorder is denied.

The Veteran's PTSD symptoms resulted in reduced reliability and productivity, warranting a 50 percent disability rating. The evidence did not show more than the minimal impairment required for a higher rating.

The Veteran's PTSD, along with Major Depressive Disorder and Cannabis Abuse, has been rated at 70 percent since October 2004. The Board found that a temporary total rating under 38 C.F.R. § 4.29 is warranted for the period from February 19, 2008 to November 30, 2008 due to hospitalization for PTSD treatment.

The Board denied service connection for an acquired psychiatric disorder, bilateral hearing loss, and tinnitus. The Veteran's claims were not supported by competent medical evidence showing a current disability or a link to service.

The Board found that the appellant's income exceeded the maximum pension rates, thus denying her entitlement to death pension benefits.,The Board determined that reduction of the appellant's death pension benefits to $0.00 from January 1, 2012 was proper.

The Board has determined that the Veteran's acquired psychiatric disorder, including PTSD, depressive disorder, and anxiety disorder, clearly existed prior to his service and was not aggravated by any in-service event or illness. Therefore, service connection for these conditions is denied.