PTSD (post-traumatic stress disorder) decisions — 2022

The Veteran's service-connected disabilities, including TBI with an acquired psychiatric disorder (PTSD, major depressive disorder, and generalized anxiety disorder), right knee instability, left knee instability, right lower extremity radiculopathy, right ankle instability, right ankle degenerative joint disease, left knee degenerative joint disease, lumbar spine degenerative disc disease with left neural foramina stenosis, right knee semilunar cartilage removal residuals, left knee semilunar cartilage removal residuals, appendectomy scar residuals (right arm and face), spider bites residuals (right arm and face), a right knee scar, a left knee scar, and tension headaches, have necessitated the need for regular aid and attendance of another individual. The Board has granted special monthly compensation based on this need.

The Board denied the Veteran's request for an earlier effective date of December 16, 2019 for the grant of service connection for PTSD with persistent depressive disorder, severe, chronic with periodic major depressive episodes. The decision found that the earliest date entitlement to service connection arose was December 16, 2019.

The Veteran's service connection claim for nightmare disorder (claimed as posttraumatic stress disorder) is granted because the evidence shows a current diagnosis and a link to in-service events.

The Board has dismissed the appeals for service connection of tinnitus, low back disability, and PTSD as the Veteran withdrew his appeal prior to a decision being made.

The Veteran's acquired psychiatric disorders, including PTSD, bipolar disorder, and alcohol use disorder in remission, have resulted in total occupational and social impairment. The Board has granted a 100% disability rating for these conditions effective from November 9, 2015.

The appeal is denied as the appellant's character of discharge from military service constitutes a bar to payment of VA benefits, other than health care under Chapter 17. Service connection for an acquired psychiatric disorder and treatment purposes service connections for lumbar spine disability, fibromyalgia, and migraines are also denied.

The Veteran's appeal for TDIU prior to August 23, 2021 is remanded due to the inextricability with other pending claims. The Board will consider all issues after a decision on initial ratings for PTSD and bilateral hearing loss.

The Veteran withdrew his appeals for service connection for Hepatitis C, major depressive disorder and anxiety, and an initial rating greater than 70 percent for PTSD.

The Board has granted attorney fees for past-due benefits awarded based on a September 2018 rating decision that revised the July 1996 and December 2012 decisions severing service connection for PTSD.

The Veteran's claim for an earlier effective date for service connection for PTSD with major depressive disorder is denied. The appeal for a higher initial disability rating in excess of 70 percent for PTSD with major depressive disorder and the determination of TDIU are also denied.

The Veteran's TDIU claim is granted as his service-connected PTSD has rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's claim for SMC based on aid and attendance due to service-connected disabilities is granted, with a rating of 50%.

The Veteran's service-connected PTSD and malaria residuals have rendered him unable to secure or follow a substantially gainful occupation since February 1, 2017. The Board has granted the claim for TDIU.

The Board has found that the grant of service connection for major depressive disorder was not for all possible diagnoses, and thus the issue of service connection for PTSD remains on appeal.

The Veteran's appeal for an initial rating in excess of 50 percent for PTSD was denied. The Board also remanded the claims for service connection for OSA and a back disability due to duty-to-assist errors.

The Veteran's acquired psychiatric disorder, including PTSD and depressive disorder, is granted as service-connected. The issues of bilateral hearing loss, tinnitus, malaria, and lumbar spine disability are remanded for further development.

The Board has denied the Veteran's request for an effective date earlier than April 12, 2021 for the grant of service connection for PTSD. The case is remanded to obtain Vet Center treatment records from March 2021.

The Veteran's claim for service connection for PTSD was received on April 22, 2022. The Board denied the request for an earlier effective date because the claim was not timely filed within one year of separation from service.

The Veteran's claim for PTSD with depressive disorder was denied in a February 2002 rating decision, and he did not appeal this denial. The effective date of the grant of service connection is set at the date VA received his intent to file a claim on April 22, 2022.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's PTSD and his ability to remember names of close friends and family members.