PTSD (post-traumatic stress disorder) decisions — 2020

The Board has reopened the issue of whether the appellant's character of discharge is a bar to VA benefits due to dishonorable conditions resulting from willful and persistent misconduct. The case is remanded for further development, including obtaining private mental health treatment records.

The Board has determined that the Veteran should receive a VA right hip examination to determine the current symptoms, level of severity, and functional impairment associated with his right hip disability. The Veteran also needs a VA mental health examination to determine whether it is at least as likely as not (50 percent probability or greater) that any current psychiatric disability had its onset during service or is otherwise related to an in-service injury, event, or disease.

The Board has granted service connection for the cause of the Veteran's death, finding that his PTSD did not contribute to his death but was a contributing factor. The Veteran died due to prolonged cardiac arrest resulting from multiple underlying health conditions.

The Board has determined that remand is necessary for several claims, including service connection and rating issues related to the Veteran's right ilioinguinal neuralgia, osteoarthritis, GERD, acquired psychiatric disability other than PTSD, and sleep apnea. The effective dates of any potential awards are also in question.

The Veteran's PTSD with MDD is currently rated at 50 percent, which does not meet the criteria for an initial rating in excess of this level.

The Board has decided to remand the cases of a duodenal ulcer and PTSD for further development, as well as the TDIU claim. The Veteran needs new examinations to determine the current severity and diagnoses associated with his service-connected conditions.

The Veteran's claim for PTSD was granted with an effective date of September 30, 1992. The RO readjudicated the case after receiving additional military personnel records that showed he had served in combat and received medals indicating his service.

The Veteran's service-connected disabilities have met the percentage requirements for a TDIU, and his education and occupational experience qualify him to perform gainful employment. The Board finds that reasonable doubt must be resolved in favor of the Veteran due to his unemployability caused by his service-connected conditions.

The Board has remanded the cases for further development due to outstanding SSA records that may be relevant to the current appeals.

The Board has granted an effective date of August 27, 1998 for the grant of service connection for PTSD. The Veteran's appeal is remanded due to concerns regarding a retrospective medical opinion on whether the Veteran met the criteria for a PTSD diagnosis prior to this effective date.

The Veteran's TDIU is based on PTSD symptoms alone, which constitutes a 'service-connected disability rated as total'. The Veteran also has other service-connected disabilities that combine to 60 percent or more. Therefore, SMC at the housebound rate is granted.

The Veteran's PTSD is rated at a 50 percent disability rating, effective as of the date of this decision.

The Veteran's attorney has withdrawn the appeal, leaving no open appeals before VA.

The Veteran's claim for service connection of an acquired psychiatric disorder, including PTSD, was denied. The Veteran's claims for special monthly pension based on the need for regular aid and attendance or because of being permanently housebound were granted from September 10, 2019. Increased ratings for right knee osteoarthritis and left knee osteoarthritis were not granted. An initial 20 percent disability rating for right leg limitation of extension was granted with an effective date of December 20, 2017. Earlier effective dates for the grant of a 20 percent evaluation for both right and left leg limitations of extension were also granted.

The Veteran's PTSD has been granted an initial rating of 70 percent, effective March 21, 2019. A total disability rating based on individual unemployability (TDIU) due to service-connected PTSD was also granted, effective June 14, 2011.

The Veteran's PTSD is rated at 70 percent prior to November 15, 2016. The Board also granted a TDIU based on the Veteran's service-connected disabilities.

The Board denied service connection for an acquired psychiatric disorder other than PTSD, finding that the Veteran's current depressive symptoms began following his retirement and subsequent isolation. The symptomology attributed to both conditions overlapped significantly.

The Veteran's service-connected PTSD prevents him from securing and following a substantially gainful occupation, meeting the criteria for a TDIU.

The Board dismissed the appeal for a higher disability rating for low back disability due to the Veteran's withdrawal of his appeal. The issue of an increased rating for PTSD is remanded.

The claim of service connection for an acquired psychiatric disorder, including PTSD, depression, and anxiety, has been reopened. The Veteran's current mental health conditions are not related to his military service.