PTSD (post-traumatic stress disorder) decisions — 2022

The Veteran's claim for an earlier effective date for a 100% rating for PTSD with MDD and TBI was granted, effective April 10, 2015.,SMC at the rate provided by 38 U.S.C. § 1114(l) based on need for regular aid and attendance was also granted, effective April 10, 2016.

The Veteran's PTSD is granted a rating of 70 percent from January 14, 2019 and entitlement to TDIU is also granted. The appeal for a higher rating in excess of 50% for PTSD remains pending.

The Veteran's claim for an earlier effective date for a 100 percent evaluation of acquired psychiatric disability is denied as the evidence does not show that his condition warranted such a rating prior to November 30, 2020.,The Veteran's claim for an earlier effective date for TDIU is denied because no claim was received within one year before January 11, 2018. The earliest communication regarding TDIU was on the same day as his claim for a higher rating of acquired psychiatric disability.,The Veteran's claims for earlier effective dates for SMC based on housebound criteria and Dependents' Educational Assistance eligibility are denied because he did not have a permanent total service-connected disability prior to January 11, 2018.

The Board denied the Veteran's claim for a rating in excess of 30 percent for PTSD, finding that his symptoms did not meet the criteria for a higher disability rating.

The Board has found the VA Centralized Eligibility and Appeals Team (CEAT) review inadequate to support the decision made, as it did not address whether the Veteran requires personal care services for at least six continuous months based on an inability to perform an activity of daily living (ADL). The case is remanded for further review.

The Veteran's PTSD symptoms and overall impairment have been rated at 70 percent since October 29, 2018.,Effective from October 29, 2018, the Veteran is granted a TDIU (Total Disability Rating Based on Individual Unemployability) and DEA (Dependents' Educational Assistance).

The Veteran is awarded a TDIU for prostate cancer and SMC from April 28, 2020, to September 1, 2020.,From September 1, 2020, the Veteran's service-connected psychiatric disability alone precludes him from securing or following a substantially gainful occupation. The Board granted TDIU based on his PTSD alone and SMC at the housebound rate due to additional disabilities totaling at least 60 percent.,The Veteran is granted special monthly compensation (SMC) at the housebound rate as of January 11, 2022.

The Veteran's appeal for service connection for bilateral hearing loss and an acquired psychiatric disorder is remanded due to pre-decisional duty to assist errors. The claims must be addressed again with proper medical opinions.

The Veteran's claim for service connection for depression has been granted, effective January 22, 2019.,A remand is ordered to reassess the rating for his service-connected psychiatric disability, now including PTSD and depression.

The Board has determined that the Veteran's acquired psychiatric disorder is etiologically related to his active service, and thus grants service connection for this condition.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his service-connected post-traumatic stress disorder (PTSD). The decision is based on a private medical opinion that supports the causal relationship between PTSD and OSA.

The Veteran's appeal for an increased rating for PTSD and a TDIU was granted in June 2021, resulting in a 70% rating for PTSD effective March 11, 2021. The Veteran is now eligible to receive attorney fees based on past-due benefits awarded in the June 2021 decision.

The Board has granted service connection for a right hip disorder as secondary to the Veteran's service-connected right knee disability. The issues of service connection for cervical, lumbar, and thoracic spine disorders including ankylosing spondylitis are remanded due to the need for additional medical opinions. Service connection for PTSD is also remanded.

The Veteran's claim for a higher rating for PTSD was denied, as his symptoms did not meet the criteria for a 100% disability rating due to occupational and social impairment.

The Board has denied service connection for heart disorders, vascular problems, and psychiatric disorders other than PTSD due to a lack of evidence showing these conditions began during or are related to the Veteran's active duty service at Camp Lejeune.

The Veteran's PTSD did not meet the criteria for a rating in excess of 50 percent prior to January 15, 2021 or in excess of 70 percent thereafter.,The Veteran's right elbow bursitis based on limitation of extension and supination does not warrant ratings higher than 50 percent and 10 percent respectively.

The Veteran's PTSD is related to a stressor involving hostile military activity, and the Board has determined that this meets the criteria for service connection.

The Veteran's claim for service connection for PTSD has been reopened due to the submission of new and material evidence. The appeal regarding the rating for bilateral hearing loss is also remanded.

The Board has remanded the case due to the need for a new VA examination and medical opinion regarding the Veteran's claimed mental health disorders, including PTSD. The Veteran was diagnosed with adjustment disorder mixed anxiety and depression in August 2018, but he reported having PTSD at his hearing.

The Board has dismissed all pending appeals due to the Veteran's withdrawal of his claims prior to a decision being made.