PTSD (post-traumatic stress disorder) decisions — 2020

The Veteran's PTSD is rated at 70 percent since July 15, 2007 to May 19, 2010 and the rating remains at 70 percent since May 19, 2010. The effective date for the 70 percent rating was set as May 19, 2010.

The Veteran's claims for service connection for a psychiatric disorder and postoperative inguinal hernia have been denied. The Board found no evidence of a diagnosed PTSD or other psychiatric condition related to military service, and the current inguinal hernia is not linked to service.

The Veteran's claim for service connection for an acquired psychiatric disorder other than PTSD, to include major depressive disorder, dysthymia, and adjustment disorder is denied. The Board found that all of the Veteran’s mental health disability impairments are considered under the current rating for PTSD.

The Veteran's claim for service connection for a back disability was denied. The Board found that the preponderance of evidence did not support finding that his current back condition began during active service or is otherwise related to an in-service injury.,For PTSD, the Veteran's claim for an initial rating in excess of 50 percent prior to May 21, 2012 was denied. The Board found that the severity, frequency, and duration of his PTSD symptoms did not more closely approximate total occupational and social impairment.

The Veteran is granted a schedular TDIU from March 19, 2018 due to service-connected PTSD. The issue of an extraschedular TDIU prior to March 19, 2018 is remanded.

The Veteran's appeal for a rating in excess of 70 percent for PTSD has been denied. The Board has found that the Veteran’s symptoms, while concerning, do not meet the criteria for a higher rating.,The issue of service connection for OSA is also remanded and will need further development.

The Board denied the Veteran's claim for an earlier effective date of November 14, 2016, for his 50 percent rating for PTSD as there was no increase in disability during the one-year period prior to that date.

The Board has remanded the claims for service connection and TDIU due to a duty to assist error in the November 2018 rating decision. The Veteran's depressive disorder is being reviewed again, along with his PTSD.

The Veteran's service-connected disabilities, including PTSD and coronary artery disease, rendered him unable to secure or follow a substantially gainful occupation as of August 3, 2017. The Board granted an effective date of August 3, 2017 for the award of TDIU.

The Veteran's VR&E services request for pursuit of a Juris Doctor (J.D.) is remanded due to the need for further evaluation considering his specific interests and abilities.

The Board has remanded the case due to a duty to assist error, requiring a VA examination to determine if any of the Veteran's claimed psychiatric conditions are related to his active service.

The Board has decided to remand the claims for bilateral hearing loss, bilateral tinnitus, and PTSD with major depressive disorder as well as the TDIU claim due to potential errors in the decision-making process.

The Board has granted earlier effective dates of May 2, 2008 for the grant of a 70% initial disability rating for PTSD and entitlement to a total disability rating based upon individual unemployability (TDIU).

The Veteran's claims for service connection for tinnitus, a psychiatric disability including anxiety disorder, depression, PTSD, and drug and alcohol abuse as secondary to a psychiatric disability are remanded due to inadequate medical opinions. The Board will seek an addendum opinion from the June 2018 VA examiner or another appropriate psychologist or psychiatrist.

The Board is holding the TDIU claim in abeyance due to a pending issue before the Court regarding PTSD ratings and effective dates. The TDIU claim will be remanded once the PTSD issues are resolved.

The Board denied service connection for radiculopathy of the right lower extremity, an acquired psychiatric disorder (claimed as PTSD), sinusitis, chronic urinary tract infections, hypertension, and a back disorder due to lack of evidence linking these conditions to active duty service.

The Board denied service connection for an acquired psychiatric disorder to include PTSD and MDD, but remanded the issues of service connection for a bilateral knee disability and low back disability.

The Board denied the Veteran's claims regarding recognition of statements as timely NODs and entitlement to attorney fees, finding that the statements were not filed within 60 days of the July 10, 2017 decision.

The Veteran's PTSD and lumbar strain with thoracolumbar DDD, with spinal stenosis were denied or granted as appropriate. The PTSD was not rated higher than 70% prior to October 31, 2014, and a 30% rating is now granted from January 21, 2020.

The petition to reopen the claim of entitlement to service connection for phlebitis, blood clots is granted. The appeal is allowed to that extent only regarding PTSD and hearing loss disability.