PTSD (post-traumatic stress disorder) decisions — 2019

The Veteran's claim for a higher initial disability rating for PTSD is being remanded due to the need for additional VA examination and development of records.

The Veteran's appeal for a rating in excess of 10 percent for bilateral TMJ is dismissed. The claim to reopen service connection for anger problems (claimed as depression and memory loss, and chronic adjustment disorder) has been granted. The claims for service connection for an acquired psychiatric disorder, CFS, and sleep disorders are remanded.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran meets the criteria for PTSD under DSM-IV diagnostic criteria. The Veteran will be asked to provide authorization for VA to obtain private treatment records and a retrospective opinion from a VA examiner.

The Veteran's service-connected PTSD and diabetes mellitus render him unable to obtain or sustain substantial gainful employment, and the Board has resolved reasonable doubt in his favor.

The Veteran's PTSD rating was reduced from 50% to 0%, effective November 1, 2015. The reduction was improper due to the failure to consider and apply the provisions of 38 C.F.R. § 3.344, which governs rating reductions. As a result, the Veteran's PTSD rating is restored to 50%.

The Board has remanded the claims for service connection due to the Veteran's inability to attend VA examinations and the need for additional medical records.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, finding that there is no current diagnosis of PTSD or any other psychiatric disorder.

The Board has reopened the claims for service connection for hypertension, OSA, and PTSD. However, it denied the claims for a back disorder, right shoulder disorder, insomnia, and PTSD due to lack of evidence establishing a direct or secondary relationship with service.

The Veteran's claims for increased PTSD rating and TDIU are being remanded due to the need for additional development, including obtaining updated VA treatment records and documentation of his employment status.

The Veteran's PTSD is rated at a 50% prior to December 8, 2016 and a 70% thereafter. The Board has found that the evidence does not support an initial rating greater than 50%, but finds a 70% rating appropriate from December 8, 2016 forward. TDIU is also remanded for further development.

The case is being remanded for additional procedural and evidentiary development, including associating the Veteran's VR&E folder with the claims file since February 2018. The AOJ must consider new evidence associated with the claim of entitlement to VR&E benefits under 38 U.S.C., Chapter 31.

The Veteran's claims for increased ratings for diabetes mellitus and posttraumatic stress disorder, as well as a total disability rating due to individual unemployability, are being remanded for further development.

The Veteran's AHD rating was restored from August 1, 2015 to June 26, 2016.,The Veteran also received a TDIU effective from the date of his service-connected disabilities.

The Board denied the Veteran's claims for service connection for left ankle arthritis (gout), left knee degenerative joint disease, right knee degenerative joint disease, bilateral eye disorder, obstructive sleep apnea, and an acquired psychiatric disorder. The decision was based on a lack of in-service diagnosis or treatment for these conditions.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and depression, has been reopened. The restoration of the 10 percent rating for post-operative release trigger finger is granted.,The Veteran’s left upper extremity radiculopathy with numbness remains at a 20 percent evaluation.

The Board has remanded the case due to insufficient evidence regarding the Veteran's claimed TAD assignment in Vietnam and his current PTSD diagnosis. The case will be reviewed again with these additional records.

The Veteran withdrew their appeals for an increased rating for PTSD with alcohol dependency and entitlement to TDIU.

The Veteran's claim for an effective date prior to November 21, 2014, for the grant of service connection for PTSD was denied as there was no claim filed prior to that date.

The Veteran's PTSD is currently rated at 70 percent, but the Board found that it does not meet the criteria for a higher rating as his symptoms do not cause total occupational and social impairment.