PTSD (post-traumatic stress disorder) decisions — 2023

The Board has remanded the case due to a duty to assist error and requests for additional evidence, including SSA records. The Veteran's claim of service connection for an acquired psychiatric disorder is also remanded for further examination.

The Veteran's PTSD is rated at 70 percent effective January 20, 2014. A higher rating of more than 70 percent is denied.

The Board has remanded the case due to a procedural defect in filing a VA Form 10182 instead of a VA Form 21-0958. The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, is now on the merits.

The Veteran's PTSD is rated at 70 percent, effective from the date of the decision. The rating reflects significant occupational and social impairment.

The Veteran's service-connected disabilities rendered him incapable of securing and following a substantially gainful occupation as of May 1, 2018. Effective May 1, 2018, the Veteran is granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Board denied the Veteran's claim for service connection for an acquired psychiatric disability, including PTSD and Major Depressive Disorder, due to inconsistencies between his reported in-service stressors and the contemporaneous evidence of his service.

The Veteran's initial rating for persistent depressive disorder with anxious distress was granted at a 70 percent level prior to January 14, 2021. As of that date, the rating is denied as it does not meet the criteria for an increased rating.

The Board found that the Veteran's reduction in PTSD rating from 100% to 10% was proper, as his representations were fraudulent. The TDIU and pension termination appeals were also denied due to fraud.

The Veteran's PTSD was granted an initial rating of 50 percent prior to July 28, 2015. The Board found that the severity, frequency, and duration of his symptoms more closely approximated a 30 or 50 percent rating.

The Board has remanded the claims for further development due to unclear differentiation of symptoms between PTSD and TBI, as well as additional treatment records needed.

The Veteran's request for a waiver of the overpayment was denied because he engaged in fraud by misrepresenting his employment status, income, and level of disability to VA. The Board found that this fraudulent behavior resulted in him receiving benefits to which he was not entitled.

The Veteran's claim for service connection for PTSD, Temporomandibular Joint Disorder, and Right Knee Disability is granted. The cases are remanded to obtain additional evidence and determine the etiology of these conditions.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional evidence is needed to determine if his conditions are related to military service or other factors.

The Board has determined that the Veteran does not have a current diagnosis of PTSD or any other psychiatric disorder, and there is no medical evidence establishing a nexus between his in-service experiences and his current symptoms. Therefore, service connection for an acquired psychiatric disability, to include PTSD and adjustment disorder with anxiety and depressed mood, is denied.

The Board has remanded the case to consider whether a TDIU is warranted for the appeal period prior to June 30, 2015 on an extraschedular basis due to service-connected disabilities.

The Board denied service connection for OSA as secondary to PTSD and denied SMC based on aid and attendance due to the lack of evidence showing that the Veteran's OSA was caused or aggravated by his service-connected PTSD, and because he is not in need of regular aid and assistance.

The Board has remanded the case for further development, including obtaining an examination and opinions regarding the Veteran's psychiatric disorders and their relationship to his service-connected TBI.

The Veteran's claim for an evaluation in excess of 30 percent for service-connected PTSD is being remanded due to the need for a new examination.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional development, including obtaining medical opinions on the etiology of her conditions.

The Veteran's PTSD is denied for increased ratings prior to October 25, 2022 and from October 25, 2022.