PTSD (post-traumatic stress disorder) decisions — 2017

The Veteran's claims for service connection for various disabilities, including restless leg syndrome, acquired psychiatric disability (claimed as PTSD), lower back disability, left hip disability, and sleep apnea, were denied. The Board found that the evidence did not support a diagnosis of restless leg syndrome or establish a nexus to service.

The Board found that the Veteran's acquired psychiatric disorder pre-existed his active naval service and was not aggravated by it, thus denying service connection.

The Veteran's claim for service connection for rheumatoid arthritis was denied due to lack of new and material evidence. The Veteran's claim for SMC based on need for aid and attendance or being housebound was also denied as she is not considered in need of regular aid and assistance, nor does she qualify for housebound rate special monthly compensation.

The Veteran's service-connected disabilities do not combine to preclude substantially gainful employment, and the Board finds that he is not unemployable due solely to his service-connected conditions.

The Veteran's PTSD warrants a rating of 100 percent throughout the entire period of the claim, representing total occupational and social impairment.

The Veteran's appeal is being remanded to obtain additional treatment records, provide proper notice regarding TDIU, and schedule a VA examination.

The Veteran's service-connected PTSD meets the criteria for a 70 percent schedular rating, and his TDIU claim is granted.

The Veteran's service-connected disabilities did not preclude him from obtaining or maintaining substantially gainful employment prior to January 20, 2009. However, for the period on appeal from January 20, 2009 onward, his service-connected disabilities, as likely as not, precluded him from obtaining or maintaining such employment.

The Board has remanded the case for obtaining Vet Center treatment records from October 2002 to January 2010 and updated VA treatment records. The Veteran's claim of entitlement to an increased rating for PTSD remains before the Board.

The Veteran's appeal is being remanded due to the need for a Statement of the Case on his increased rating claim and scheduling of a video hearing.

The Veteran's PTSD has been productive of functional impairment comparable to no worse than occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, including disturbances of motivation and mood and difficulty in maintaining effective work and social relationships. Prior to April 29, 2015, the Veteran met the schedular criteria for a TDIU due to his service-connected PTSD.

The Veteran's service connected disabilities, primarily his PTSD and diabetic peripheral neuropathy, preclude him from securing or following a substantially gainful occupation.

The Board has remanded the Veteran's claims for further development due to issues with the rationale provided in previous decisions and the submission of new evidence.

The Veteran's PTSD has been rated at 70 percent since May 25, 2016, reflecting total occupational and social impairment due to symptoms such as suicidal ideation, obsessional rituals that interfere with routine activities, speech intermittently illogical, irrelevant, or obscure; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; neglect of personal appearance and hygiene; difficulty in establishing and maintaining effective relationships.

The Veteran's appeal is being remanded for additional development, including a new VA medical examination and updated VA treatment records. The issue of entitlement to TDIU is also inextricably intertwined with the PTSD rating claim.

The Veteran's PTSD was not found to warrant a rating in excess of 30 percent prior to May 29, 2012, and in excess of 70 percent thereafter. The Board determined that the evidence did not show total occupational and social impairment for any period.

The Board has granted service connection for PTSD and depression, but dismissed the Veteran's claim regarding COPD.

The Veteran's service-connected disabilities, including PTSD, do not render him unable to obtain and maintain substantially gainful employment.

The Veteran's PTSD is currently rated at 30 percent, and the Board finds that this rating adequately reflects his disability picture.,For the period prior to January 7, 2014, the Veteran's TBI was rated at 10 percent. The Board has determined that a higher initial rating of 70 percent is warranted for this condition from January 7, 2014.

The Veteran's PTSD is granted as it resulted from fear of hostile military or terrorist activity during service. The lower extremity erythema and hypertrophic actinic keratosis are not related to service.