PTSD (post-traumatic stress disorder) decisions — 2019

The Veteran's appeal has been dismissed as the attorney withdrew it in a written statement, indicating satisfaction with current benefits and no longer wishing to pursue the claim.

The Veteran withdrew his appeal for a higher rating for PTSD, resulting in the dismissal of this issue.

The Board denied the Veteran's claim for an earlier effective date for the grant of service connection for PTSD based on a theory that there was clear and unmistakable error (CUE) in a May 1998 rating decision. The Board found no CUE as the correct facts were before the adjudicator at the time, and the Veteran did not provide evidence of a prior pending claim.

The Board denied service connection for PTSD in a final decision dated September 21, 2006. The Veteran's motion for revision or reversal on the grounds of clear and unmistakable error (CUE) was denied as there was no evidence that the result would have been different if the error had not occurred.

The Board has remanded the case due to a need for additional notice and development regarding service connection for an acquired psychiatric disorder, including PTSD and depression.

The Veteran's acquired psychiatric disorders, including anxiety, MDD, and PTSD, are found to have begun in service and continue since then. Service connection is granted for these conditions.

The Board has decided to remand the case due to insufficient verification of the Veteran's claimed in-service stressors, specifically a December 1968 event. The claim will be returned for further investigation.

The Veteran's claims for service connection were denied across multiple conditions, including hearing loss, psychiatric disabilities, back and leg conditions, heart condition, foot conditions, sleep apnea, migraine headaches, gastrointestinal issues, eye conditions, erectile dysfunction, and heat prostration. The Board found no evidence of a causal relationship between these conditions and the Veteran's military service.

The Veteran's PTSD is rated at 50 percent since May 22, 2013. The effective date for service connection of PTSD has been set to May 22, 2013.

The Veteran's claim for special monthly compensation based on aid and attendance or housebound status is being remanded due to the need for further examination to determine if his service-connected disabilities alone are sufficient to meet the criteria.

The Veteran's hearing loss is denied as there is no current disability meeting VA criteria.,Service connection for right knee arthritis and left knee arthritis is denied due to lack of evidence showing onset during service or within one year post-service, and the absence of a compensable degree of disability.,Low back disorder (arthritis and scoliosis) is denied as there was no chronic condition in service, and current symptoms are not related to service. Scoliosis is considered congenital and thus not subject to service connection.,PTSD is denied due to lack of evidence showing onset during service or within one year post-service.

The Board has determined that new and material evidence has been received to reopen the evaluation of service connection for an acquired psychiatric disorder. However, there is no current diagnosis of a psychiatric condition, and thus service connection cannot be granted.

The Veteran's PTSD was found to cause occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. The Board granted a 70 percent rating for the period prior to July 14, 2014.

The Veteran's claims for clothing allowances for back, left knee, and right knee braces in 2018 were denied as the braces are not used for service-connected disabilities.

The Veteran's unauthorized medical expenses for treatment at Yuma Regional Medical Center from February 2, 1999 to February 5, 1999 are granted as the condition was related to his service-connected PTSD and seeking treatment at a VA facility would not have been feasibly available.

The Veteran's claim for an initial disability rating in excess of 30 percent for PTSD with alcohol abuse, also claimed as major depression was denied. The effective date for the grant of service connection for PTSD with alcohol abuse, also claimed as major depression, is set at December 3, 2002.

The Veteran's service connection claim for bilateral pes planus is denied as there is no evidence of aggravation beyond its natural progression.,Service connection for bilateral hallux valgus, to include as secondary to bilateral pes planus, is also denied due to lack of a nexus between the current disability and service.

The Board has remanded the case due to a lack of adequate VA hearing and failure to comply with duty to assist. The Veteran's claim for service connection for an acquired psychiatric disability, including PTSD and depression, is now remanded for further development.

The Veteran's PTSD is currently rated at 70 percent, effective September 2, 2009. The rating remains unchanged as the evidence does not show that his PTSD warrants a higher evaluation.

The Board has remanded the claim for a TDIU on an extraschedular basis due to insufficient evidence showing that the Veteran is unemployable by reason of his service-connected disabilities. The case will be referred to VA's Director of Compensation Service for further consideration.