PTSD (post-traumatic stress disorder) decisions — 2019

The petition to reopen the previously denied claims of service connection for right foot stress fracture, dermatitis, migraine headaches, and PTSD is granted. The Veteran's claim of entitlement to an earlier effective date for a compensable evaluation for allergic rhinosinusitis prior to September 30, 2013 is denied. The claims of service connection for bilateral hip condition, bilateral knee condition, left foot condition, CFS, heart condition, and dermatitis are remanded.

The Board has decided to remand the case due to insufficient medical opinions regarding whether a psychiatric disorder caused the Veteran's death. The VA needs to obtain additional opinions from a psychiatrist.

The Veteran's claim for service connection for PTSD is dismissed as the symptoms overlap with his already service-connected adjustment disorder. The Board finds that the Veteran's psychiatric diagnoses are not distinct and cannot be separated.

The Veteran's lumbar spine and left leg radiculopathy disabilities are currently rated at 10 percent, which is the maximum rating available under VA regulations.,PTSD was initially rated at 50 percent prior to March 13, 2017, but this rating has been denied as it does not meet the criteria for a higher rating. After March 13, 2017, PTSD is rated at 70 percent, which is also the maximum available under VA regulations.,The Veteran's service-connected disabilities do not preclude him from obtaining or following substantially gainful employment.

The Veteran's initial ratings for tinnitus, bilateral hearing loss, and PTSD were upheld. A TDIU was granted. The claims for erectile dysfunction and skin cancer of the neck (to include as secondary to Agent Orange exposure) were denied. Service connection for a low back disability was denied.

The Veteran's PTSD symptoms did not meet the criteria for a higher disability rating from December 30, 2003, to January 20, 2004. The Board denied an initial rating in excess of 70 percent.

The Veteran's VR&E benefits were denied due to his employment history, and the Board has ordered remand for clarification of his prior employment experience.

The reduction in the disability rating for a psychiatric disorder, characterized as posttraumatic stress disorder (PTSD), from 50 percent to 30 percent was not proper and is void ab initio.

The Veteran's TDIU claim is being remanded due to the pending reduction of his prostate cancer rating and SMC based on housebound criteria. The issue will be reconsidered after these reductions are resolved.

An initial 50 percent rating is granted for PTSD, and service connection for a blood disorder causing severe itching and hives to include as due to exposure to herbicide agents is denied.

The Board found that the overpayment of $33,110.00 was improperly created and not valid, making the issue of waiver of recovery moot.

The Veteran's initial claim for an increased evaluation of PTSD was denied. The case is now remanded due to the need for additional evidence and a VA examination.

The Board denied service connection for the cause of the Veteran’s death due to COPD, finding that it was less likely as not caused by or related to his PTSD. The primary cause of death was attributed to years of smoking and tobacco use.

The Veteran seeks an effective date earlier than August 25, 2016 for service connection of PTSD and other specified depressive disorder with anxious distress. The Board finds that the evidence does not support this claim as the earliest claim was received on August 25, 2016. For the initial rating issue, the Veteran seeks a higher rating for his acquired psychiatric disorder, to include PTSD and other specified depressive disorder with anxious distress.

The Board denied the Veteran's request for an effective date prior to December 29, 2016, for the award of service connection for PTSD due to a clear and unmistakable error in the March 2011 rating decision. The Veteran argued that he should have received service connection earlier based on his November 2010 report regarding an in-service sexual trauma, but the Board found no evidence of such error.

The Veteran's claim for an initial rating in excess of 10 percent for CAD prior to October 9, 2013 was denied. The Board found that the evidence did not show symptoms warranting a higher rating.,The Veteran's claim for an initial rating in excess of 50 percent for PTSD prior to July 31, 2017 was also denied. The Board found that the evidence did not show symptoms warranting such a rating.

The Veteran's hepatitis C has not caused symptoms such as intermittent fatigue, malaise, and anorexia. The Veteran's PTSD is rated at 50 percent, but the Board finds that a higher rating may be warranted based on the evidence of record.

The Board has remanded the Veteran's claims for PTSD, hypertension, bilateral glaucoma, and a heart condition due to insufficient evidence. The Veteran will need VA examinations to determine the severity of his PTSD, etiology of any diagnosed heart condition, and whether his hypertension and bilateral glaucoma are related to or aggravated by his service-connected diabetes.

A 70 percent rating for PTSD is granted, while tinnitus remains denied.

The Veteran's service-connected disabilities alone do not necessitate the care or assistance of another person on a regular basis to attend to the activities of daily living, protect him from the hazards or dangers of his daily environment, substantially confine him to his dwelling or immediate premises, or require prominent institutionalization.