PTSD (post-traumatic stress disorder) decisions — 2020

The Board has remanded the claims for a low back disability and an acquired psychiatric disorder (including depression and PTSD due to MST) as they must be further evaluated with additional military records.

The Court of Appeals for Veterans Claims (CAVC) set aside the Board's January 2019 decision, finding that new and material evidence had not been submitted sufficient to reopen the Veteran’s previously denied claim of entitlement to service connection for an acquired psychiatric disorder, to include PTSD. The appeal is granted as new and material evidence has now been received.

The Veteran's PTSD rating was restored from 30% to 50%. The VA found that there was no sustained improvement in the Veteran’s ability to function under ordinary conditions of life and work as a result of her service-connected PTSD.

The Board has granted a 100 percent disability rating for PTSD with major depressive disorder effective June 24, 2018. The Veteran's claims for increased ratings of ischemic heart disease and diabetes mellitus, as well as TDIU, are remanded due to the lack of VA examinations.

The Veteran's eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 is denied as the effective date of May 29, 2012 is the earliest date for which he was found to have a permanent and total disability rating.

The Veteran's appeal regarding an increased rating for PTSD was granted. However, the appeals for service connection of bilateral knee condition, left foot condition, and low back condition were denied due to untimely notice of disagreement.

The Board has remanded the case for further consideration due to errors in decision-making and the need for additional clarification regarding the Veteran's entitlement to special monthly compensation based on the need for aid and attendance.

The Veteran's claim for increased ratings for PTSD is being remanded due to the need to obtain outstanding private treatment records.

The Veteran's appeal includes multiple issues, including increased ratings for PTSD and tinnitus, a TDIU determination, service connection claims, and effective date determinations. The Board found that the Veteran submitted a timely substantive appeal to the January 2015 Statements of the Case (SOCs).

The Board has decided that the Veteran's acquired mental disorder, including depression and PTSD, is related to her military service. However, due to insufficient rationale in the medical opinion provided, the case is being remanded for further development.

The Veteran's PTSD and related conditions are being remanded for additional development, including obtaining VA treatment records. The TDIU claim is also being remanded due to its inextricability with the PTSD rating claims.

The Veteran's claim for a special home adaptation grant is denied as he does not meet the criteria for such a grant due to his service-connected disabilities.

The U.S. Court of Appeals for Veterans Claims (CAVC) has vacated the Board's decision denying a total rating based on individual unemployability (TDIU). The CAVC found that the VA examiner did not discuss the impact of PTSD on the Veteran's ability to obtain and maintain employment, without considering non-service-connected conditions. The case is remanded for further development.

The Veteran's acquired psychiatric disorder, specifically anxiety disorder NOS with PTSD features, is related to service and has been granted.

The Board has remanded the issues of service connection for PTSD, left wrist disability, adjustment disorder, and severe depression due to potential mental health conditions at the time of misconduct leading to the Veteran's discharge under other than honorable conditions. The case is also being remanded to determine if the Veteran was insane at that time.

The Veteran's erectile dysfunction is granted as secondary to his service-connected hypertension. The Veteran's ischemic heart disease, diabetes mellitus type 2, and bilateral hearing loss are all rated at the minimum levels allowed by law. The Veteran's PTSD is assigned a rating of 30 percent.

The Veteran's service-connected PTSD prevents him from securing or following a substantially gainful occupation, and the Board has granted entitlement to TDIU.

The Veteran's PTSD has been rated at 70 percent since February 22, 2013. He also received a 60 percent rating for his prostate cancer.,Due to the combination of his service-connected disabilities, including PTSD and prostate cancer, he is unable to find and maintain employment consistent with his educational and vocational experience.

The Veteran's PTSD initial rating and TDIU claims are remanded due to the need for a new VA examination to reconcile recent treatment records with findings from previous examinations.

The Board has determined that the Veteran is not unemployable due to his service-connected disabilities as he can perform sedentary work and does not have marginal employment.