PTSD (post-traumatic stress disorder) decisions — 2018

The Veteran has requested to withdraw his appeal regarding whether new and material evidence has been submitted to reopen the claim for service connection for an acquired psychiatric disability, including dysthymic disorder and PTSD. As a result, the Board dismisses this issue.

The Veteran's claim for service connection for PTSD was received on February 26, 2002. The Board finds that the effective date should be set at this time as it is the earliest date of receipt of a claim.

The Veteran's claim for a TDIU prior to May 29, 2012 was denied as he was engaged in substantially gainful employment. The claim for a TDIU based solely on PTSD with alcohol abuse as of May 29, 2012 was also denied due to the Veteran's ability to work in a protected environment.

The Board denied the Veteran's claims for service connection due to lack of evidence showing a positive nexus between her disabilities and military service. The claim was not reopened as new and material evidence has not been received.

The Board denied the Veteran's claims for service connection for PTSD, hypertension, bilateral hearing loss, irritable bowel syndrome, acid reflux, headaches, and sleep apnea. The claim for PTSD was reopened but not granted due to lack of new and material evidence.

The Veteran's service-connected PTSD did not render him in need of the regular aid and attendance of another person, nor was he permanently and substantially confined to his immediate premises due solely to this disability. Therefore, SMC based on the need for regular aid and attendance or on account of being housebound is denied.

The Veteran withdrew his appeal for a rating in excess of 50 percent for PTSD, to include symptoms of traumatic brain injury.

The Board has granted the Veteran's claim for service connection for PTSD and Major Depressive Disorder, finding that his symptoms are at least as likely as not related to his combat stressors during active duty.

The Veteran's preexisting umbilical hernia was not aggravated by active duty service, and therefore, he is denied service connection for the condition. The Board also found that there is insufficient evidence to establish a link between his current sleep impairment, cyst on the head, psychiatric disability (PTSD), PFB, and tinnitus with his military service.

The Veteran's claim for an increased evaluation in excess of 70 percent for PTSD was denied. The Board found that the Veteran did not meet the criteria for a 100 percent rating due to his symptoms, which were considered as meeting the criteria for a 70 percent rating.,The earlier effective date claim for service connection for PTSD was denied because there was no pending claim at the time of the May 21, 2004, claim. The Veteran's representative argued that the September 1994 rating decision should have considered whether his diagnosed depression was related to service, but this argument is not valid as the Clemons v. Shinseki decision had not been issued at that time.,The CUE claim for the September 1994 rating decision denying service connection for PTSD was denied because there were no clear and unmistakable errors in applying the law or regulations extant at the time of the decision.

The Board has granted service connection for PTSD with major depressive disorder and assigned a 100% rating, effective July 29, 2008. The Veteran's psychiatric symptoms had an in-service onset.

The Veteran's PTSD has resulted in occupational and social impairment with reduced reliability and productivity, but not to the extent that it would warrant a higher rating. The current 30 percent disability rating is maintained.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's headaches, which are claimed as secondary to service-connected tinnitus and PTSD. The Veteran needs an examination to determine if his headaches are related to service or caused by his service-connected conditions.

The Board has remanded the case for additional development, including a new examination to determine if the Veteran meets the diagnostic criteria for PTSD or any other psychiatric disorder under DSM-IV or DSM-5. The examiner must also opine as to whether it is at least as likely as not that any diagnosed psychiatric disability (to include PTSD) commenced during or is otherwise etiologically related to the Veteran's period of service.

The Board has determined that the effective date for service connection of PTSD should be June 21, 2008.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's acquired psychiatric disability, including PTSD and a mood disorder, is the result of military sexual trauma. Therefore, service connection for these conditions is granted.

The Veteran's appeal is being remanded to obtain a VA examination for his PTSD and to issue a Statement of the Case regarding an earlier effective date for service connection.

The Board has determined that the Veteran's acquired psychiatric disorder, including PTSD, is related to service and grants service connection for this condition.

The Veteran's PTSD claim is being remanded for additional development, including a new examination and retrieval of VA treatment records.

The Board has determined that the Veteran's appeal includes issues of increased ratings for hypertension, cardiac arrhythmia, and PTSD. The TDIU claim is also pending. These matters are being remanded to allow for issuance of a Statement of the Case (SOC) addressing all these issues.